THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 

LOS  ANGELES 


INDEX  OF  NAMES. 


Gary,  Alexander ->7 

Case,  John  A Til 

C'avenagh,  Edward  ..  "  "oc 


Armstrong,  1  rancis  E 32  Clarke,  Robert ...          •» 

Armstrong  John ,9  Clements,  James  M.!! 

Arnold,  Richard 5  26  30  Coburn,  Thomas  P 

Asbury  George 24  Cogan,  William.....'  """33 

Ayres,  Robert .       15  33  Cofwell,  James . . . 

Ayres,  Ronieyn  B 12  Comfort  John  W 

' Connelly,  Thomas. ". 

B  'Content,  Gustav ~13 

jCouway,  Edward 21 

Backholder,  William  ..  ^J-oogan  Nicholas .l'.'.'.'.'.'.'."u 

Baldey .  George  '    o  ^°°,k'  James 8 

Baldwin,  T.  A "  "»!/J       '     J?  3' 

Bander,  Ben  jamiu. .  "07  ^°°Pel'.  Charles  L .23 

1  arbour,  C.  C  "27  J^'01  C(>ran.  James U, 

Partels,  Ferdinand  . .  "07  X°Sf  ,,  '  ?*mea 33 

r ashtrash,  Joseph  "  w  Costello,  John 4 

Jeckwith.  A  .....  -"^  Courtney,  51.  L 24 

Bennett,  Frank  T      1 T  CouSm'y,  Francis 


oye,  Patrick..  ,  ^usiu,  james 

Bradford.  Ge..rge. ...'.'.'.".""  5  Butter,  Major 

Brooks,  Martin 2)1 

Brown,  Isaac 

Brown,  JohnS  '.'-'-"-"".""."  5' 


Dougherty,  William  E... 

C  jDowd,  Denis '"21 

i  Do wnie,  Edward . . . . ." ." ! 

Calnll,  Erlward 26  Dunn,  James.  " "  £, 

(.allahan,  Jlichael  01  i 


( ami)beli,  Francis.'.'.  "' ' "  i f  of  E 


M  W?A  Of  XAMXX. 


Fa'iey,  Patrick 33  Jackson,  Wesley '. 24 

Farley,  James 7  25  Johnson,   Baxter 19 

Fa^tleband,  John 15 j Johnson.  Gregory 33 

I'ortnno.  J.  (J 13  3J|Joice,  Henry  . . .' rt 

l'n\,  James 5;Joucs,  Charles  E 16 

Fnielilicli,  John  26  Jones,  Elizabeth 19 

Fr;i/.ee.  Benjamin  F 19  Jones,  Thomas 21 

Fromui,  Ileury 13  Jones,  Peter 19 

G  X 

GalLi  n-han,  John  A ...  ...  21 !  Kaysei-,  Willi.i.n 2 ) 

GhMTett,  Sidney  W 18,J£e|-ler>  »•  *\ 

Garvin,  Thomas 21    ve  I'-.v.  Micluel 29  & 

Garv,  Daniel 33  Kelm,  Samnel  f>j 

Geriach.Carl 24  Kenuedy,  Peter 19 

( , ,  ,  M  ,  Frederick 22  |>}UB.  J  <»'»n ^ 

Gibbs.  Samuel -29  £*»?'  Jl       , : '  V  ':  V 24 

Gilbert,  C.C 193     Klrfmser,  1  redenck 4 

Gir  ml    A   0  2')  KinpiH-ubcr-ier,  bergeant  S3 

Golden.  Willi.im «.,.,  Koerper  E-on  A a 

Gm.drich.  Harrv  H 19  33  Kobwe,  Ludwig : 19 

Gorman,  Daniel  7  25 '£« j>".   I,-.<'»"» 14 

Gotlieb,  Charles 21  K>'le.  ^  llhiliu 29 

Gould,  Charles  ...   8  T 

Graham,  William  M 461428  ^ 

Grant,  Joseph ^3  T 

Grav,  James 29  Lamenstein  JnlUrt 5 

(Jra'v.  John 32    ^I'l'".1    ^ '",'i"11  -j 33 

Green,  Fivderick  II 2,   Leadthani    Michael It  -Jl 

Greatt,  Jerome  B 22  Lc?ary,  John 2:1 

Grittin,  James  14 '  i'<lfl;.ly' r  V-" 3- 

Grott johiuin.  Gnstavus '9'  i   '•    \V ' .  i S 

Grone,  Bekbert  15    ^f-  81«tthew ...13 

G  undersoil,  ().  C 19  J'!''1"-'1"'  V-i      V 

Giithriagp,  Corpon:! 23  Hjft  ^1'arles 

Lit ts.  Geora*  W 5 

Lockhard.  Bernard HI 

Loton,  William 21 

„  ,  „  Lujienbeel.  Pinckney 13  2)  22  3J  :»l 

Haber,  1-ntx 23  Lyuch,  John 16 

Hall.    Thomas     ...    ^;  Lynch,  Patrick .2) 

llaintnn.  Charles  A 27) 

Hands,  Patrick 32|  M 

Harlinji,  John  24 1 

Harkins,_James. . . ; 5  36  Man-em,  Alichael 23 

.19 
.15  -M 

G   14 

.29 
6 

Henry,  John .    16  MrciieDiniel".'.'.' 

lesse,  Peter 6  24  2- ,  MeDermott,  John...  4 

II ill  Charles 29 j  McDonnell,  Patrick 19 

\  Ollp,'    J(,>  !"„: '  32'  McKlwee,   Hugh 5 

Hoelcke,  U  iMam 2,  McCJuire,  James 4 

Hopn.  James  ^i  McKuisht,  Arthur  13 

Holt,  Walter  B 32  McL-iujihlin,  Michael ...  ...  23 

Helton. John  1!)  McMahon.  James el 

Hong,  Robert........ 27  McNamara,  Matthew.'. 19 

Howard  ChariM  L ;>  Madison.  James 29 

Howe, Uriah.... •»  Matey,  Edward  is 

Howe,  Charles  H 3  M Jutland,  Matthew 28 

Hllnt.  L-  <; M,  Marvin,  Orin  A 21 

Mellen,  H.  B 24  27 

I  Miller,  James "> 

Miller.  Leonard 14 

Irwine,  James 26  Miller.  Henry Hi 


IM>K\.  OFNAXS8. 


3 


Milton.  Henry  P 21  Rice.  Frank, 19 

Mitchell,  Edward 31  i  Rich,  Bur,  ui'gli (5 

Mitchell,  Philip 5  Rtohfti'ds,  Lawrence -J ) 

Mix   Captain 23[Ril'ner,  Peter  W 27 

Moth'.t,  Charles  W 13  2i|R;ley,  John  i!l 

Mohlmau,  Henry 23i  Kitc'hey.  Joseph  C  6  14 

Moloney,  Jolin 21  Roach.  Henry 33 

Montaihe,  Alexander 27  Ro'oy,  George  W SI 

Morgan,  John 27) Roche  Pairick, 19 

Morrisey,  James - 8  Ron  sear,  Lovell  H 9 

Moroney.  1'.  H  2  Rowley.  William  21  29 

Mower,  Joseph  A 24  2tJ  29;Rummell,  Fivucis  A 4 

Moyer,   Lonis  15 

Munn,  Edward 14  S 

Murphy,  Patrick  William 8 

Murphy,  John 2  i  Sainler,  JohnW ii 

Murphy,  Mrs.   lohn   2JjS:iuve,  Emauuel ,...8 

Murray,  Patrick 6 1  Shay,  Charles 5 

Murray,  Hugh 33 1  Shea,  John 14  27 

My  ran. ,  Freed  woman 19iSheeli  n.  John : 21 

Shevid..n.  Joh  i 2ti 

N  !  Short,  Corporal 2(> 

Smith,  Petev 5 

Nash,  Mollie 19  Smith,  Patrick 8 

Neill,  Thomas  H 2  Smith,   William 19  33 

Nelson.  William 27 i  Smith,  Sergeuni 26 

Nelson,  Stuffen 27  S  >.  nginberg.  Hiram 21 

Noble,  John . , .3  I  i  Stafford,  William  F 27 

Nolen.  Isaac iOjStauslmvy,  H.  E 19  31  33 

Norris,  Samuel .24  27'Steno.  Jacob 1!) 

Norris.  Private  24 'Sterling,  William  H 21 

!  Stevens.  Henry 23 

O  'Stevenson,  Francis 10 

Strauser.  Daniel 33 

( )'B^  i.en.  JoU  .1 29  Sturgeon,  Sheldon 7 

O'Douu  -11,  John 23  Sullivan,  Michael 5 

U'Keefe,  Dau'el 14  Sullivan,   Hugh 5 

O'Malioiiey.  Johii 8  Sweeny.  Alexander 16 

O'Neill,  Michael 32  Sykes,  George :...   14  1023 

O'Toole.  Thoma   14 

Offle>  .  R.  H 21i  T 

Ow,  Plac'du   29 

Owen.  Henry  C 23  Tandy,  John  J 2.1 

Temple,  Robert  ...I   0 

P  Thomas,  Ben  33 

Thompson,  George 23 

TV  e,  Har  let 19  Thompson,  David  33 

Parker,  Max  19|Todd,  J.  W 2 

Payne,  John  A 19  Tolson,  Robert  L 19 

Pay  tan,  Benjamin II  Tompkins,  C.  H  2 

Peter  •  Geor;;e 14  Towle,  George  F 33 

Pi  rce.  Brevet  Major 8  Tyson,  John in 

Pierce,  F   E 21  j 

Pilling.  Joiin 29^  TJ 

Por-maiJ.  George  4J 

Prior.  James 8:Ulshe,  Jacob . .   23 

Proctor.  Willirm  H 14 1 

Purcell,  J.  H 28  V 

Q,  Vauavery,  Edgar 2t> 

1  Van  Cla4burg,  Theodore 24 

(juiiiii,  C-a :le; 21  Viall,  George  E 28 

Viele,  C.  D ...29 

B 

Radetzki.  G.  H 10 

Rai  h,  (,'harle  33]  Warren,  Henry 33 

Ranciolnh,  J.  F 2  Watson.  Janied 14 

Ray,  Jame    H 6 !  Wayne,  Richard 14 

Reynolds.  J.  J.  1  j  Welch.  Frederick 14 

Reynolds,  John 8'Weimer,  Amos 16 


I.VDEX  OF  XAMK.S. 


Weissinan,  Adolph 4 

Weldou.  William 4  14 

Well*,  Joseph 19 

Wenie,  Thomas  M 19 

West,  Edward 


White,  Thomas 32 

Wilhizer,  Lewis 33 

Wilkie.  Charles 31 

Williamson,  E.  K 19 

Williams,  Mr 19 

Westerman.  John 28  Willis,  George 19 

Wetmore.  Oliver,  Jr 23  Wilson,  John  B 31 

Wntzel,  Henry 24    Wilson,  William II 

Weeeler,  William 29  Wintship,  Mr 24 

White,  Richard 8  Wood,  William  H. ..  .21  23  24  27  28  29 

White,  George  "W 24 


INDEX  OF  SUBJECTS. 


.1  rkansas.  Sub-District  of,  to  be  known 
as  the  District  of  Arkansas 1 

District  of,  the  Chief  of  Staff  Corps 
in  the,  to  report  to  the  Chief  of  Staff, 
Department  of  Louisiana,  supplies 
on  hand 1 

Reports  and  returns  of  the,  to  be 
made  to  Headquarters,  Department 
of  Louisiana. 1 

State  of,  to  form  part  of  the  Depart- 
ment of  Louisiana 1 


Hoards  of  Survey.  Instructions  in  re- 
gard to,  tor  the  information  and  guid- 
ance of  officers  serving  in  the  Depart- 
ment of  Louisiana.  (Circular  1,  Au- 
gust 12,  1868) 


Courts  Martial.  General.  Convened  at 
Greenville,  La.,  proceedings  of,  pub- 
lished  4  6  14  32 

Convened  at  Little  Rock,  Arkansas, 
"    proceedings  of,  published 5  26  30  i 


Convened  at  Jackson  Barracks,  Lou- 
isiana, proceedings  of,  published.. 21 
23  24  27  28  29 

Convened  at  Ship  Island.  Mississippi, 
proceedings  of,  published 24  26  29 

Convenedat  NewOrlenns,  Louisiana, 
proceedings  of,  published 28 

Convened  at  Camden,  Arkansas,  pro- 
ceedings of,  published 31  33  • 

Convened  at  Little  Rock,   Arkansas^- 
dissolved 5 

Convened  at  Greenville,  Louisiana, 
dissolved 14 

Convened  at  Baton  Rouge,  Louisi- 
ana, dissolved 23 

Convened  at  New  Orleans,  Louisi- 
ana, dissolved 28 

Convened  at  Jackson  Barracks,  Lou- 
isiana, dissolved 29 

Convened  at  Ship  Island,  Mississippi, 
dissolved 29 

Convened  at  Camden,  Arkansas,  dis-  • 
solved 33 


Convened  at  Fort  Smith,  Arkansas,  j  Court  Martial,  Garrison.    Convened  at 
proceedings  of,  published.. 13  20  2231  j     Greenville,    Louisiana,    proceedings 

of,  published 7 


Convened  at  Baton  Rouge,  Louisiana, 
proceedings  of,  published  — 14  16  33 


Convened  at  Little  Rock.  Arkansas, 
proceedings  of,  published 8 


Convened  at  the  post  of  Washington,      Convened  at  the  post  of  Fort  Smith,      / 
Arkansas,  proceedings  of  published,      Arkansas,  proceedings  of,  published  / 
...19  30  ...15  18 


IX HEX  OF  SUBJECTS. 


Oath  to  be  administered  to  Recorder 
of - 7-23 

Court  Martial,  Regimental.  Convened 
at  Fort  Jackson.  Louisiana,  proceed- 
ings of,  published 11 


ference  of  the  military  with  the  civil 
authorities 

Department  of,  command  relinquish- 
ed  _        ,, 

Department  of,  command  assun, 


Oath  to  be  administered  to  Recorder 

7  25  Oathstobe  administered  to  the  Record 

or  of  Garrison  or  Regimental  Court 


Civil  Authorities.    Instructions  to  com- 
manding officers  of  districts,  posts, 


Martial 


iiia,  relinquished. 


Of  the  Department  of  Louisiana  as- 
sumed    ' 


Fifth  Military  District.    The  command 

the,   consisting  of   the  State  of 

1  exas,  transferred I 


General  Orders.  Extract  of  No  78 
Headquarters  of  the  Army  Adju- 
tant General's  Office,  September  21 
1868,  published 17 


Inspector  General.  Acting  Assistant, 
Department  of  Louisiana,  appointed 
12 

Inspector  General'*  Department.  In- 
structions for  officers  serving  in  the 
published.  (Circular  No.  '.^October 
5,  1868) 


Louisiana.    State  of,  to  form  part  of 
the  Department  of  Louisiana. .' i 

District  of,  reports  and  returns  of 
),  to  be  made  to  Headquarters,  De- 
partment of  Louisiana  . i 

Department  of,  announces  the  Staff 
of  the  Commanding  General 2 


On  duty  in  the  Inspector  General's 
Deiurtment,  Department  of  Louisi 
ana,  publishes  instructions  for    (C/Y 
CMlorS,  October  5, 1868  ) 


Department  of    to    consist    of  the 
^States  of  Louisiana  and  Arkansas. .  1 

Department  of,  gives  instructions  for 
lie  government  of  officers  command- 
ing detachments,  districts.  &c 


fcwnfe  pertaining  to  the  District  of 
-Lexas  to  be  transferred i 

K»corders  of  Regimental  or  Garrison 
Courts  Martial,  oaths  to  be  adminis. 
tered  to  the  7  .,- 

Relinquished  command  of  the  Dein-f 
meut  of  Louisiana .  .; 

Returns  of  troops  in    the  District  of 
-Arkansas,  to  be  made  to  Headquar- 
ters, Department  of  Louisiana.   .     1 

Rcyimental  Courts  Martial.  (See  Court < 
Martial,  Regimental.) 

Revoked.  General  Orders  Aro.  7  current 
series,  except  that  portion  which  re- 
quires that  the  order  appointing  -i 
Regimental  or  Garrison  Court  Mar- 
tial shall  state  that  it  was  imprac- 
ticable to  convene  a  Field  Officer's 


•sentences  of  Garrison  Court  Martial 
in  the  cases  of  Privates  Daniel  Goi  - 
man  Company  G,  James  Farley  and 

F±TCfk  fllrownin&    Companv  K 
iirst  Infantry,  remitted.   .......  ^r, 


bhenffs,  defines  their  official  relation 
with  military  commanders,  (cirf 
lar,  September  1,  1868.) 

Staff  of  the  Commanding  General.  D. 
paitmei.t  of  Louisiana,  announced  - 


IXDEX  OF  SUBJECTS. 


of,  District  of  Arkansas,  to 
report  to  the  Chiefs  of  Staff,  Depart- 
inriit  of  Louisiana,  supplies  on  hand.  1 

let.     Amount  and  condition  of, 

y  in  the  District  of  Arkansas,  to  be  re- 

S  liortod  to    the    Chiefs  of  Staff,  De- 

partinent  of  Louisiana 1 


Texa*.    District  of,  records  pertaining 


to  the,  to  be  transferred  to  Head- 
quarters, Fifth  Military  District .  1 

Troops  to  render  assistance  to  the  civil 
authorities,  in  case  of  disturbances 
and  insurrections  in  the  Department 
of  Louisiana 3 

Assistance  of  the,  us  poxgc  ?ontit<ttn*. 
to  be  rendered  to  Sheriffs  and  U.  S. 
Marshals.  (Circtilar,  Hyt.  1.  1868.) 


HEADQUARTERS,  DEPARTMENT  OF  LOUISIANA, 
i&kJlmjjsw  j  yew  Orleans,  La.,  August  4,  1808.. 

I.  In  obedience  to  Paragraph  3,  of  General  Orders  No.  55,  Head- 
quarters of  the  Army,  Adjutant  General's  Office,   Washington,    July 
28,  1868,  the  command  of  the  Fifth  Military  District— to  consist  of  the 
State  of  Texas— is  transferred  to  Brevet  Major  General  J.  J.  Rey- 
nolds, commanding  the  District  of  Texas. 

The  records  pertaining  to  the  District  of  Texas  will  be  transferred 
to  the  Headquarters  of  the  new  Fifth  Military  District. 

II.  Pursuant  to  Paragraph  4,  cf  the  above  mentioned  order,  the 
States  of  Louisiana  and  Arkansas   are  organized  into  the  Depart- 
ment of  Louisiana,  Headquarters  at  New  Orleans. 

The  Sub-District  of  Arkansas,  until  further  orders,  will  be  known 
as  the  District"  of  Arkansas,  ancTwiil  be  commanded  by  the  senior 
officer  serving  therein,  Headquarters  at  Littlejlock. 

The  commanding  officer  of  the  District  of  Arkansas,  will  immedi- 
ately make  kthe  necessary  returns  of  troops  serving  in  his  District, 
to  these  Headquarters.  The  Chiefs  of  the  Staff  Corps  in  his  District 
will  immediately  report  to  the  Chiefs  of  Staff  of  the  Department  of 
Louisiana,  the  amount  and  condition  of  the  supplies  on  hand. 

All  stated  reports  and  returns  of  the  Districts  of  Louisiana  and 
Arkansas,  called  for  by  the  Revised  Army  Regulations,  will  here- 
after be  made  to  Headquarters  Department  of  Louisiana. 

BY  COMMAND  OF  BHKVET  MAJOR  GENERAL  R.  0.  BUCHANAN: 

THOS,  H.  NEILt,, 

Major,  Twentieth  Infantry,  Brevet  Brigadier  General,  U.  S.  A. 
OFFICIAL:  Acting  Assistant  Adjutant  General. 


Sec.  Lieut.,  Thirty-seventh  Inf.,  Bvt.  First  Lieut.,  U.  S.  A. 
.^  ft  Acting  Assistant  Adjutant  General. 

irr^     v 

k 


PQ 


ElEADQUARTERS,  DEPARTMENT    OP    LOUISIANA, 
GKXEHAI^  OKI.F.KS  |  _Vew.  Origan*,  L-,.,  August  5,  18G8. 

The  following  officers  are  announced  as  temporarily  constituting 
the  Staff  of  the  General  commanding  the  Department  of  Louisiana: 

Captain  I.  D.  DeRussy,  First  Infantry,  Aide-de-Camp. 

Captain  Gco.  Baldey,  Thirty-ninth  Infantry,  Aide-de-Camp. 

Brevet  Brigadier  General  Thos.  H.  Xeill,  Major,  Twentieth  Infantry,  Act- 
ing Assistant  Adjutant  General. 

Brevet  First  Lieutenant  Nathaniel  Burbank,  Second  Lieutenant,  Thirty- 
seventh  Infantry,  Acting  Assistant  Adjutant  General. 

Brevet  Lieutenant  Colonel  G.  N.  Lieber,  Major,  U.  S.  Army,  Judge  Advocate. 

Brevet  Major  B.  B.  Keeler,  Captain,  Thirty-ninth  Infantry,  Assistant  Judge 
Advocate. 

Brevet  Brigadier  General  C.  H.  Tompkins,  Lieutenant  Colonel,  Deputy 
Quartermaster  General,  U.  S.  Army.  Chief  Quartermaster. 

Brevet  Major  General  A.  Beckwith,  Major,  and  Commissary  of  Subsistence. 
U.  S.  Army,  Chief  Commissary. 

Brevet  Lieutenant  Colonel  J.  F.  Randolph,  Surgeon,  TJ.  S.  Army,  Medical 
Director. 

Captain  Egon  A.  Koerper,  Assistant  Surgeon,  TJ.  S.  Army,  Attending  Sur- 
geon. 

Colonel  Daniel  McClure,  Assistant  Paymaster  General,  TJ.  S.  Army,  Chief 
Paymaster. 

First  Lieutenant  William  Hoelcke,  Thirty-ninth  Infantry,  in  charge  of 
Engineer  Office. 

Major  J.  W.  Todcl,  Ordnance  Department,   TJ.  S.  Army,  Chief  of  Ordnance. 

Brevet  Captain  P.  II.  Moroney,  First  Lieutenant,  TJ.  S.  .Army,  (retired.) 
Commissary  of  Musters. 

By  COMMAND  OF  BKKVET  MAJOU  GEXF.UAI.  :_      

NEILL, 

ft  Brigadier  General,  U.  S.  A., 


ac.  Lieut.,  Thirty-seventh  Inf.,  Bvt.  First  Lieut.,  U.  S.  .A., 
Acting  Assistant  Adjutant  General. 


HEADQUARTERS,  DEPARTMENT  OF  LOUISIANA, 

New  Orleans,  La.,  Aug.  18,  1868. 

lu.  order  to  carry  out  the  instructions  from  the  Secretary  of  War, 
relative  to  the  assistance  to  be  aft'orded  by  the  troops  on  duty  in  this 
Department  to  the  civil  authorities,  in  case  of  domestic  disturbances 
or  insurrections  arising  therein,  officers  commanding  districts,  de- 
tachments and  posts,  will  be  governed  by  the  following  directions: 

Every  officer"  will  keep  himselt'  well  informed  of  the  condition  o 
affairs  in  his  vicinity.  Should  a  necessity  arise  which,  in  his  opin- 
ion, would  render  the  services  of  troops  requisite,  he  will  imme- 
diately communicate,  by  telegraph,  with  these  Headquarters,  stating 
the  essential  fucts  in  ths  casa,  and  asking  for  the  necessary  instruc- 
tions for  his  government. 

Under  no  circumstances  will  any  interference  of  the  military  with 
the  civil  authorities  be  permitted;  nor  will  the  services  of  the  troops 
be  made  use  of  unless  upau   special  instructions,  previously  com- 
municated, in  each  case,  from  these  Headquarters. 
Bv  COMMAND  OF  BKEVET  MA.TOK  GENERAL  R.  C.  BUCHANAN*: 

THOS.  H.  NEILL, 

Major,  Twentieth  Infantry,  Brevet  Brigadier  General,  U.  S.  A., 
OFFICIAL:  Acting  Assistant  Adjutant  General. 


Sec.  Lieut.,  Thirty-seventh  Inf.,  Bvt.  First  Lieut.,  U.  S.  A., 
Acting  Assistant  Adjutant  General. 


HEADQUARTERS,  DEPARTMENT  OP  LOUISIANA, 

«AL  OKDBas  j  New  Orleans,   La.,  Aug.  20,  1868. 

I.  Before  a  General  Court  Martial  which  convened  at  Green- 
ville, La.,  by  virtue  of  Special  Orders  No.  157,  current  series, 
Headquarters,  Fifth  Military  District,  and  of  which  Brevet  Brigadier 
General  W.  M.  Graham,  Captain,  First  Artillery,  is  President,  were 
arraigned  and  tried : 

1.  Private  ADOLPH  WEISSMAN,  Company  C,  First  Infantry. 
CHAKGE. — "  Desertion." 

PLEA.— "  Guilty." 

FINDING. — "  Guilty." 

SENTENCE. — "  To  forfeit  to  the  United  States  all  pay  and  allow- 
ances, that  are  or  may  become  due  him;  to  be  dishonorably  dis- 
charged the  service  of  the  United  States;  to  be  indelibly  marked 
with  the  letter  'D,'one  and  one-half  inches  in  length,  on  his  left 
hip;  and  three  days  thereafter  to  have  his  head  shaved,  and  to  be 
drummed  cut  in  the  presence  of  his  command,  then  to  be  confined 
at  hard  labor  at  such  place  as  the  Commanding  General  shall  direct, 
for  the  period  of  five  years,  wearing  a  ball  to  weigh  thirty  pounds 
attached  to  his  left  leg  by  a  chain  three  feet  long." 

2.  Private  JOHN  COSTELLO,  Company  F,  First  Infantry. 
CHARGE. — "  Violation  of  the  Forty-fifth  Article  of  War." 
PLEA.— "Not  Guilty." 

FINDING. — "  Guilty. " 

SENTENCE. — "  To  be  confined  at  hard  labor  in  charge  of  the  guard, 
for  the  period  of  three  months;  to  carry  a  log  weighing  thirty 
pounds,  each  alternate  day,  from  reveille  until  retreat,  allowing  one 
hour  for  each  meal." 

3.  Private  JOHN  MCDEKMOTT,  Company  H,  First  Infantry. 
CHAKGE. — "Conduct  to  the  prejudice  of  good  order  and  military 

discipline." 

PLEA. — "  Not  Guilty ." 

FINDING. — "  Guilty." 

SENTENCE. — "  To  be  confined  at  hard  labor  at  such  place  as  the 
Commanding  General  may  direct,  for  the  period  of  six  months,  and 
to  forfejt  to  the  United  States  twelve  dollars  of  his  monthly  pay  for 
the  same  period." 

4.  Private  WILLIAM  WELDON,  Company  B,  First  Infantry. 
CHAKGE. — "  Neglect  of  duty,  to  the  prejudice  of  good  order  and 

military  discipline." 


PLEA. — "Guilty." 

FINDING. — "  Guilty." 

SENTENCE. — "To  forfeit  to  the  United  States  ten  dollars  per 
mouth  of  his  monthly  pay  for  three  months,  and  to  be  confined  at 
hard  labor  under  charge  of  the  guard  for  the  same  period." 

5.  Private  THOMAS  CONNELLY,  Company  B,  First  Infantry. 
CHARGE. — "\iolation  of  th°.  Fiftieth  Article  of  War." 
PLEA. — "  Guilty." 

FINDING. — ' '  Guil  ty. " 

SENTENCE. — "  To  forfeit  to  the  United  States  ten  dollars  of  his 
monthly  pay  for  two  months,  and  to  be  confined  at  hard  labor  in 
charge  of  the  guard  for  the  same  period." 

6.  Sergeant  GEOUGE  POETMAN,  Company  K,  First  Infantry. 
CHABGE  IST. — "Neglect  of  duty,  to  the  prejudice  of  good  order 

and  military  discipline." 

CHARGK  2o. — "Breach  of  arrest,  to  the  prejudice  of  good  order 
and  military  discipline." 

PLEA. — To  theFirxt  Charge. — "Not  Guilty." 
To  the  Second  Charge. — "  Guilty." 

FINDING. — "  Guilty." 

SENTENCE. — "To  forfeit  to  the  United  States  ten  dollars  per 
month  of  his  monthly  pay,  for  the  period  of  six  months;  to  be  re- 
duced to  the  ranks ;  to  have  his  chevrons  struck  off  in  the  presence 
of  his  command." 

7.  Musician  JAMES  McGuiRE,  Company  K,  First  Infantry. 
CHABGE. — "  Conduct  prejudicial  to  good  order  and   military  dis- 
cipline." 

PLEA.—"  Not  Guilty." 

FINDING. — "  Guilty." 

SENTENCE. — "  To  be  confined  at  hard  labor  in  charge  of  the  guard 
for  the  period  of  three  months,  forfeiting  to  the  United  States  ten 
dollars  of  his  monthly  pay  for  the  same  period." 

8.  Musician  WILLIAM  BCSHABD,  U.  S.  Army  Post  Baud. 
CHARGE  IST. —  "Absence  without  leave." 

CHARGE  2o. — "Theft,  to  the  prejudice  of  good  order  and  military 
discipline." 
PLEA. — To  the  First  Charge. — "Guilty." 

To  the  Second  Charge. — "  Not  Guilty." 
FINDING. — Of  the  First  Charge. — "Guilty." 

•  Of  the  Second  Charge.— "Not  Guilty." 

SENTENCE. — "  To  forfeit  to  the  United  States  ten  dollars  of  his 
monthly  pay  for  two  months. " 

9.  Private  FREDERICK  KLEIMSER,  Company  I,  First  Infantry. 
CHARGE. — "Violation  of  the  Fortv-sixth  Article  of  War." 


PLEA. — "Guilty." 

FINDING. — "  Guilty." 

SENTENCE. — "To  be  confined  at  hard  labor  in  charge  of  the  guard 
for  the  period  of  six  months,  and  to  forfeit  to  the  United  States  ten 
dollars  of  his  monthly  pay,  per  mouth,  for  the  same  period. " 

10.  Private  FBANCIS  A.  RUMMELL,  Company  G,  First  Infantry. 
CHAEGE. — "  Sleeping  on  post." 

PLEA. — "Not  Guilty." 

FINDING. — "  Guilty." 

SENTENCE. — "To  forfeit  to  the  United  States  ten  dollars  per 
month  of  his  monthly  pay  for  six  months,  and  to  be  confined  at 
hard  labor  under  charge  of  the  guard  for  the  same  period." 

11.  Private  JOHN  W.  COMFORT.  Light  Battery  K,   First  Artillery. 
CHARGE. — "Conduct    prejudicial   to    good    order    and  military 

discipline." 

PLEA. — "  Guilty." 

FINDING. — ", Guilty. " 

SENTENCE. — "To  forfeit  to  the  United  States  ten  dollars  of  his 
monthly  pay,  per  month,  for  three  mouths,  and  to  be  confined  at 
hard  labor  under  charge  of  the  battery  guard  for  the  same  period." 


II.  The  proceedings  and  findings  in  the  case  of  Private  Adolph 
Weissman,  Company  C,  First  Infantry,  are  approved.  The  period 
of  confinement  is  reduced  to  one  year.  As  thus  mitigated  the  sen- 
tence will  be  duly  executed.  Ship  Island,  Miss.,  is  designated  as 
the  place  of  confinement. 

Tlie  proceedings,  findings  and  sentence  in  the  case  of  Private 
John  Costello,  Company  F,  First  Infantry,  are  disapproved,  the 
charge  not  being  sustained  by  the  evidence  adduced.  He  will  be 
released  from  confinement  and  restored  to  duty. 

In  the  cases  of — 

Private  John   McDermott,    Company  H,  First  Infantry, 

William  Weldon,  "        B, 

"         Thomas  Connelly,  "        B,  " 

and  Musician  James  McGuire,  "        K,  " 

the  proceedings  and  findings  are  approved.  The  sentences  are  con- 
firmed and  will  be  duly  executed.  The  prisoners  will  be  confined, 
in  charge  of  the  guard,  at  the  posts  where  their  companies  may  be 
stationed. 

The  proceedings  and  findings  in  the  cases  of  Musician  William 
Bushard,  U.  S.  Army  Post  Band,  and  Sergeant  George  Portman, 
Company  K,  First  Infantry,  are  approved.  The  sentences,  are 
confirmed  and  will  be  duly  executed. 


The  proceedings,  findings  and  sentence  in  the  case  of  Private 
Frederick  Kleimser,  Company  I,  First  Infantry,  are  approved;  but 
upon  the  recommendation  to  clemency  by  the  Court,  the  period  of 
confinement  is  reduced  to  two  months.  As  thus  mitigated  the  sen- 
tence will  be  duly  executed.  The  post  where  his  company  may  be 
stationed  is  designated  as  the  place  of  confinement. 

The  proceedings  in  the  case  of  Private  Francis  A.  Rummell,  Com- 
pany G,  First  Infantry,  are  disapproved.  The  record  shows  that 
the  accused  stated  he  did  not  understand  the  English  language; 
and  it  is  fatally  defective  in  not  showing  that  after  an  interpreter 
was  introduced  and  sworn,  he  (the  accused)  was  asked  if  he  hud 
objection  to  any  member  of  the  Court — he  was  asked  "if  he  had 
any  objection  to  the  Court."  The  sentence  is  disapproved.  Private 
Rummell  will  be  released  from  confinement  and  restored  to  duty. 

The  proceedings  and  findings  in  the  case  of  Private  John  W. 
Comfort,  Light  Battery  K,  First  Artillery,  are  approved.  While 
the  sentence  is  entirely  disproportionate  to  the  offence,  it  is  con- 
firmed in  order  that  the  accused  may  not  altogether  escape  punish- 
ment. The  statement  of  the  accused — that  he  attacked  the  Cor- 
poral because  he  was  intoxicated — thereby  committing  one  offence 
in  consequence  of  having  committed  another,  increases  rather  than 
palliates  his  guilt.  The  sentence  will  be  duly  executed  under  the 
direction  of  his  battery  commander. 
BY  COMMAND  OF  BKEVET  MAJOH  GBNEUAI,  II.  C.  BUCHANAN: 

THOS.  H.  NEILL, 

Miyor,  Twentieth  Infantry,  Brevet  Brigadier  General,  U.S.  A., 
OFFICIAL,  :  Acting  Assistant  Adjutant  General. 


Sec.  Lieut.,  Thirty-seventh  Iuf.,Bvt.  First  Lieut.,  U.  S.  A., 
Acting  Assistant  Adjutant  General. 


HEADQUARTERS,  DEPARTMENT  OP  LOUISIANA, 

GENERAL  OKDEUS  J  New  Orleans,  La.,  Sept.  5,  1868. 

1.  Before  a  General  Court  Martial  which  convened  at  Little  Bock, 
Ark.,  by  virtue  of  Special  Orders  No.  150,  current  series,  Head- 
quarters, Fourth  Military  District,  and  of  which  Brevet  Major  Gen- 
eral Richard  Arnold,  Captain.  Fifth  Artillery,  is  President,  were 
arraigned  and  tried: 

1.  Private  JAMES  MILLER,  Company  B,  Twenty-eighth  Infantry. 
CHAKGB. — "  Desertion." 

PLEA. — "Not  Guilty." 

FINDING. — "  Guilty." 

SENTENCE. — "To  be  dishonorably  discharged  the  service  of  the 
United  States  with  loss  of  all  pay  and  allowances  that  are  now  due, 
or  that  may  become  due;  and  be  confined  in  such  prison  as  the 
Commanding  General  may  direct  for  a  period  of  six  mouths." 

2.  Private  GEORGE  BRADFORD,   Company  A,   Twenty-eighth  In- 
fantry. 

CHARGE. — "Conduct  to  the  prejudice  of  good  order  and; mili- 
tary discipline. " 

PLEA. — ' '  Not  Guilty. " 

FINDING. — "Not  Guilty." 

"The  Court  does  therefore  acquit  him." 

3.  Quartermaster  Sergeant  KICHABD  CARR,  Company  C,  Twenty- 
eighth  Infantry. 

CHARGE. — "  Conduct  to  the  prejudice  of  good  order  and  military 
discipline. " 

ADDITIONAL  CHARGE. — "Conduct  to  the  prejudice  of  good  order 
and  military  discipline." 

PLEA. — ' '  Guilty. " 

FINDING. — "  Guilty." 

SENTENCE.— "To  be  reduced  to  the  ranks  as  a  private  soldier;  to 
be  confined  under  charge  of  the  guard  at  the  post  where  his  com- 
pany may  be  serving  for  a  period  of  four  months ;  and  forfeit  ten 
dollars  of  his  monthly  pay  to  the  United  States  for  the  same  period." 

4.  Sergeant  HORACE  S.  CROFUT,  Company  C,   Twenty-eighth  In- 
fantry. 

CHARGE  IST. — "Drunkenness  on  duty,  violation  of  the  Forty- 
fifth  Article  of  War." 

CHARGE  2 D.  —  "  Conduct  to  the  prejudice  of  good  order  and  military 
discipline. " 


PLEA. — "  Guilty." 

FINDING. — ' '  Guilty." 

SENTENCE. — "To  be  reduced  to  the  ranks  as  a  private  soldier;  to 
be  confined  under  cnarge  of  the  guard  at  the  place  where  his  com- 
pany may  be  serving  for  a  period  of  ten  days;  and  to  forfeit  to  the 
United  States  ten  dollars  of  his  monthly  pay  for  one  month." 

5.  Private  ELI  ENSEY,  Company  D,  Twenty-eighth  Infantry. 
CEAKGE. — "  Desertion." 

PLEA. — "  Guilty." 

F  IKDING. — ' '  Guilty. " 

SENTENCE. — "  To  be  confined  at  hard  labor  under  charge  of  the 
guard  at  the  place  where  his  company  may  be  serving  until  January 
1st,  1869,  and  to  forfeit  to  the  United  States  all  pay  due,  or  that  may 
become  due  up  to  that  time." 

6.  Lance  Sergeant  GEOKGE  W.  LITTS,  Light   Battery  G,  Fifth 
Artillery. 

CHARGE. — "Conduct  prejudicial  to  good  order  aud  military 
discipline." 

PLEA.—"  Not  Guilty." 

FINDING. — "  Guilty." 

SENTENCE. — "To  be  reprimanded  in  the  presence  of  his  company 
by  his  commanding  officer." 

7.  Private  ALEXANDEB  13.  EAT,  Company  A,   Twenty-eighth  In- 
fantry. 

CHAKGB  Isr. — "Utter  worthlessness  to  the  prejudice  of  good  or- 
der and  military  discipline." 

CHABOE  2o. — "Absence  without  leave." 

PLK  A.— "Guilty." 

FINDING. — "  Guilty." 

SENTENCE. — "To  be  dishonorably  discharged  aud  drummed  out 
of  the  service  of  the  United  States,  and  confined  in  such  military 
prison  as  the  Commanding  General  may  direct  for  a  period  of  eight 
months. " 

8.  Private  HUGH  MCELWEE,  Company  B,  Twenty -eighth  Infantry. 
CHABGE. — "Violation  ot  the  Forty-sixth  Article  of  War." 
PLEA.— "Not  Guilty." 

FINDING. — "  Guilty. " 

SENTENCE. — "To  be  confined  under  charge  of  the  guard  at  the  post 
where  his  company  may  be  serving  until  January  1st,  1869,  and  to 
forfeit  eight  dollars  of  his  monthly  pay  during  the  same  period. " 

9.  Private  JOHN  S.  BKOWN,  Company  D,  Twenty-eighth  Infantry. 
CHAEGE. — ' '  Desertion. " 

PLEA. — ' '  Guilty. " 
FINDING. — "Guilty. " 


SENTENCE. — "To  be  dishonorably  discharged  and  drummed  out 
of  the  service  of  the  United  States  and  to  be  confined  in  such  mili- 
tary prison  as  the  Commanding  General  may  direct  for  the  period  of 
three  years." 

10.  Private  CHABLES  SHAY,  Company  D,  Twenty-eighth  Infantry. 
CHAEQE. — "  Sleeping  on  post.'' 

PLEA.— "Not  Guilty." 

FINDING. — "  Guilty." 

SENTENCE.— "To  be  confined  at  hard  labor  under  charge  of  the 
guard,  at  the  place  where  hits  company  may  be  serving,  for  a  period 
of  six  months,  and  to  forfeit  to  the  United  States  ten  dollars  of  his 
monthly  pay  for  the  same  period." 

11.  JAMES  M.  CLEMENTS,  civilian  employee,  Quartermaster's  De- 
partment. 

CHAEGE. — "  Losing  United  States  property  through  criminal  neg- 
lect." 

PLEA.— "Not  Guilty." 

FINDING. — ' '  Not  Guilty. " 

"The  Court  does  therefore  acquit  him." 

12.  Private  CHABLES  L.  HOWAUD,  Light  Battery  G,  Fifth  Artillery. 
CHABGE. — "Violation  of  the  Twenty-first  Article  of  War." 
PLEA.— "Guilty." 

FINDIN  G. — "  Guil  ty. " 

SENTENCE.— "  To  be  confined  at  hard  labor  under  Battery 
guard,  attending  all  drills  and  stable  duty,  for  six  months;  and  to 
forfeit  to  the  United  States  ten  dollars  of  his  monthly  pay  for  the 
same  period." 

13.  Private  MICHAEL  SULLIVAN,  Light  Battery  G,  Fifth  Artillery. 
CHABGE. — "  Violation  of  th°,  Twenty-first  Article  of  War." 
PLEA. — "  Guilty." 

FINDING. — ' '  Guilty. " 

SENTENCE. — "  To  be  confined  at  hard  labor  under  Battery  guard, 
attending  all  drills  and  stable  duty,  for  six  months;  and  to  forfeit  to 
the  Umted  States  ten  dollars  of  his  monthly  pay  for  the  same  period." 

14.  Private  JAMES  Fox,  Light  Battery  G,  Fifth  Artillery. 
CHABGE. — ' '  Desertion. " 

PLBA. — "Guilty." 

FINDING. — "  Guilty." 

SENTENCE. — "  To  be  dishonorably  discharged  and,  drummed  out 
of  the  service ;  to  be  confined  at  hard  labor  at  such  military  prison 
as  the  Commanding  General  may  direct,  for  a  period  of  two  years." 

15.  Corporal  JULIUS  LAMENSTEIN,  Light  Battery  G,  Fifth  Artillery." 
CHABGE. — "Conduct  to  the  prejudice  of  good  order  and  military 

discipline. " 


PLEA. — ' '  Guilty. " 

FINDING. — "Guilty." 

SENTENCE. — "To  be  reduced  to  the  ranks  as  a  private  soldier; 
and  to  forfeit  to  the  United  States  ten  dollars  of  his  monthly  pay 
for  two  months. " 

16.  Sergeant  PHILIP  MITCHELL,  Light  Battery  G,  Fifth  Artillery. 
CHABGE. — "Drunkenness  on  duty." 

PLEA. — "  Xot  Guilty." 

FINDING. — "  Not  Guilty. " 

"And  the  Court  does  therefore  acquit  him." 

17.  Private  HUGH  SULLIVAN,  Company  B,  Twenty-eighth  Infantry. 
CHARGE. — "  Conduct  to  the  prejudice  of  good  order  and  military 

discipline." 

PLEA.— "Not  Guilty." 

FINDING  . — "  Guilty. ' ' 

SENTENCE. — "To  be  dishonorably  discharged  from  the  United 
States'  service;  and  to  be  confined  in  such  military  prison  as'  the 
Commanding  General  may  direct,  lor  the  period  of  two  years." 

18.  Private  PETER  SMITH,  Company  A,  Twenty-eighth  Infantry. 
CHARGE. — "  Conduct  to  the  prejudice  of  good  order  and  military 

discipline.'' 

PLEA. — "Guilty." 

FINDING. — ' '  Guilty. " 

SENTENCE.  — "To  be  dishonorably  discharged  from  the  service  of 
the  United  States;  and  to  be  confined  in  such  military  prison  as  the 
Commanding  General  may  direct,  for  a  period  of  one  year." 

19.  Private  FBANCIS  CAMPBELL,  Company  B,  Nineteenth  Infantry. 
CHABGE. — "  Violation  of  the  Twenty -first  Article  of  War." 
PLEA. — "Guilty." 

FINDING. — "  Guilty." 

SENTENCE. — "To  forfeit  to  the  United  States  five  dollars  of  his 
monthly  pay  for  one  month. " 

20.  Private  JAMES  DEVANT,  Company  B,  Nineteenth  Infantry. 
CHABGE  IST. — "Violation  of  the  Twenty-first  Article  of  War." 
CHABGE  2D. — "  Conduct  prejudicial  to  good  order  and  military  dis- 
cipline." 

PLEA.— "Guilty." 

FINDING. — "  Guilty." 

SENTENCE. — "  To  be  confined  at  hard  labor  under  charge  of  the 
guard  at  the  post  where  his  company  may  be  serving,  for  a  period 
of  three  months,  and  to  forfeit  to  the  United  States  ten  dollars  of  his 
monthly  pay  for  the  same  period." 

21.  Corporal  JAMES  HABKDJS,   Company  E,   Twenty-eighth   In- 
fantry." 


CHARGE  IST. — "Conduct  to  the  prejudice  of  good  order  and  mili- 
tary discipline." 

CHABGE  2o. —  "Absence  without  leave." 

PLEA. — To  the  Flrxt  Charge—"  Not  Guilty. " 
To  the  Second  Charge — "  Guilty." 

FINDING. — ' '  Guilty. " 

SENTENCE. — "To  be  reduced  to  the  ranks;  and  to  forfeit  to  the 
United  States  ten  dollars  of  his  monthly  pay  for  two  months. " 

22.     Private  URIAH  HOWE,  Company  D,  Twenty-eighth  Infantry. 

CHARGE. — "  Conduct  to  the  prejudice  of  good  order  and  military 
discipline.'' 

PLEA.— "Guilty." 

FINDING. — "  Guilty." 

SENTENCE. — "  To  be  confined  at  hard  labor  unier  guard,  at  the  post 
where  his  company  may  be  serving,  for  four  months,  and  to  forfeit 
eight  dollars  of  his  monthly  pay  for  the  same  period." 


II.  The  proceedings,  findings  and  acquit.il  in  the  case  of  James 
M.  Clements,  civilian  employee  of  the  Quartermaster's  Department, 
are  approved.  He  will  be  released  from  confinement. 

The  proceedings  and  findings  in  the  cases  of  Privates  Charles  L. 
Howard  and  Michael  Sullivan,  Light  Battery  G,  Fifth  Artillery,  are 
approved.  The  sentences  are  confirmed  and  will  be  duly  executed 
by  the  battery  commander. 

The  proceedings  and  fiudings  in  the  cases  of  Privates  James  Fox, 
Light  Battery  G,  Fifth  Artillery,  aud  Peter  Smith,  Company  A, 
Twenty-eighth  Infantry,  are  approved.  The  peiiod  of  confinement 
in  the  case  of  Private  Fox  is  reduced  to  one  year.  As  thus  mitiga- 
ted the  sentence  will  be  duly  executed.  In  the  case  of  Private  Peter 
Smith,  Company  A,  Twenty-eighth  Infantry,  the  sentence  is  con- 
firmed and  will  be  duly  executed.  Ship  Island,  Miss.,  is  designa- 
ted as  the  place  of  confinement,  where  the  prisoners — Fox  and 
Smith — will  be  sent  under  proper  guard. 

The  proceedings  in  the  cases  of  Privates  James  Miller,  Company 
B,  and  Alexander  B.  Bay,  Company  A,  Twenty-eighth  Infantry,  are 
disapproved,  for  the  reasons  that  the  record  does  not  show  the  date 
of  the  trial,  and  it  is  not  stated  that  the  Judge  Advocate  was 
present.  They  will  be  released  from  confinement  and  restored  to 
duty. 

The  proceedings  in  the  cases  of — 

Quartermaster  Sergeant  Richard  Carr,  Co.  C,  Twenty-eighth  Inf., 

Private  George  Bradford,  Company  A,  Twenty-eighth  Infantry,  and 

Private  Eli  Eusey,  Company  D,  Twenty-eighth  Infantry, 


G 

are  disapproved,  for  the  reasons  that  the  record  does  not  show  that 
the  Court  met  in  accordance  with  its  adjournment,  and  it  is  not 
stated  that  the  Judge  Advocate  was  present.  They  will  be  released 
from  arrest  or  confinement  and  restored  to  duty. 

The  proceedings  in  the  cases  of—- 
Sergeant Horace  L.  Crofut,  Company  C,  Twenty-eighth  Infantry ; 

Private  Hugh  Sullivan,  "         B,       "  " 

Private  Uriah  Howe,  "         D,      " 

Corporal  Julius  Lamenstein,  Light  Battery  G,  Fifth  Artillery, 
and  Sergeant  Philip  Mitchell,         "         "          "       "        " 
are  disapproved,  for  the  reason  that  it  is  not  stated  the  Judge  Advo- 
cate was  present     They  will  be  released  from   arrest    or  confine- 
ment and  restored  to  duty. 

The  proceedings  in  the  case  of  Lance  Sergeant  George  W.  Litts, 
Light  Battery  G,  Filth  Artillery,  are  disapproved,  for  the  reasons 
that  the  names  of  the  members  present  at  the  session  of  the  Court 
on  the  Fifth  day  of  August,  are  not  given ;  it  is  not  stated  that  the 
Judge  Advocate  was  present,  and  the  name  of  the  person  sentenced 
is  not  the  name  (as  appearing  in  the  record)  of  the  person  charged 
with  the  offence.  In  the  sentence  it  is  George  W.  Lit0;  in  the  speci- 
fication George  W.  Lit/*. 

The  specification  and  the  sentence  are  further  indefinite  and  in- 
complete in  not  stating  that  Lance  Sergeant  Litts  was  Corporal  or 
Private,  Light  Battery  G,  Fifth  Artillery. 

The  sentence  of  the  Court  in  this  case — "  to  be  reprimanded  " — is 
not  considered  a  proper  one  to  be  pronounced  against  an  enlisted 
man.  He  will  be  released  from  arrest  and  restored  to  duty. 

The  proceedings  in  the  cases  of — 

Private  Hugh  McElwee,   Company  B,  Twenty-eighth  Infantry, 

"      John  S.  Urown,  "        D,  "  " 

and    "      Charles  Shay,  "          "  "  " 

are  disapproved,  for  the  reasons  that  the  names  of  the  members  pre- 
sent at  the  trial  are  not  given,  and  it  is  not  stated  that  the  Judge 
Advocate  was  present.  They  will  be  released  from  coufiuement  and 
restored  to  duty. 

The  proceedings  in  the  cases  of — 

Corporal  James  Harkins,  Company  E,  Twenty-  eighth  In'autry ; 

Private  James  Devany,  Company  B,  Nineteenth  Infantry, 
and    "      Francis  Campbell,     "         "  "  " 

are  disapproved  on  account  of  variances  in  the  names  (as  recorded) 
of  the  accused.  In  the  specifications  they  are  respectively  named 
James  Harkins,  Francis  Campbell,  and  James  Dev«uy ;  in  the  sen- 
tences as  James  Harkens,  Frances  Campbell,  and  James  Deveny. 
They  will  be  released  from  arrest  or  confinement,  and  restored  to 
duty. 


The  manlier  in  which  the  proceedings  in  these  cases  have  been 
recorded  merits,  as  it  receives,  the  severe  censure  of  the  reviewing 
officer.  Erasures  and  interlineations  are  observed  in  nearly  every 
page — in  many  cases  in  the  findings  and  sentence.  In  several 
instances  the  accused  submitted  written  statements  to  the  Court. 
These  were  loosely  pinned  to  the  rqAra;  in  one  case  between  the 
iiudiugs  aud  sentence,  in  another  between  two  pages  of  the  testi- 
mony-—in  none  where  it  properly  belonged.  Such  statements,  if 
made  orally,  sliiifcl'd  appear  in  the  bpdy^of  the  record;  if  in  writing, 
they  should  be  appended  to  the  recVr^,  and  the  proper  references 
made.  It  is  stated  in  but  one  instance  that  the  record  of  the  p?o- 
ceediugs  at  the  previous  session  of  the  Court  were  read  and  appro- 
ved. If  this  was  not  done  it  ought  to  have  been;  and  if  it  was  done 
and  not  recorded,  the  Judge  Advocate  is  censurable  for  not  record- 
ing the  fact,  aud  the  Court  for  not  requiring  him  'to  do  it.  In  two 
casts  the  record  does  not  show  the  date  of  the  trial,  consequently 
the  record  of  the  adjournment  appearing  therein — "until  the  28th 
inst."  and  "the  6th  iiist."—  conveys  no  information  as  to  the  mor.tlt, 
to  which  the  Court  adjourned.  The  record  in  one  case  states  that 
the  Court  adjourned  "until  the  30th  of  July,"  and  the  record  of  that 
session  (July  30th)  states  that  "  the  Court  met  pursuant  to  the  fore- 
going order,"  (the  order  constituting  it).  It  should  have  been  added 
in  this,  as  in  all  similar  cases,  and  iv  adjournment. 

The  first  charge  against  Quartermaster  (Sergeant  Richard  Carr, 
Company  C,  Twenty-eighth  Infantry,  is  "Conduct  prejudicial  to 
good  order  and  military  discipline ."  The  one  specification  to  this 
charge  is  immediately  lolloped  in  the  record  by  "Additional 
charge — Conduct  to  the  prejudice  of  good  order  and  military  disci- 
pline " — supported  by  two  specifications.  An  ' '  Additional  charge  " 
proper,  (one  preferred  subsequent  to  arraignment  on  others),  must 
form  the  subject  of  a  trial  separate  and  distinct  from  that  on  the 
chaige  or  charges  to  which  it  is  additional.  In  this  case,  however, 
the  stcond  charge  being  preferred  before  the  arraignment,  and  the  two 
being  identical,  the  second  should  have  been  thrown  out,  and  the 
specifications  under  it  introduced  in  support  of  the  first.  It  is  no 
excuse  that  the  charges,  as  tried,  were  referred  to  the  Court.  It  is 
the  duty  of  the  Judge  Advocate  and  the  Court,  before  the  arraign- 
ment, to  amend  charges  which  require  correction. 

Where  the  Court,  after  concluding  a  case,  proceeded  at  the  same 
session  to  the  trial  of  another,  it  shoiild  be  stated,  like  the  adjourn- 
ment, at  the  end  of  the  record.  It  is  stated  in  the  record  in  one 
case  that  the  Court  adjourned  to  August  3d.  No  record  or  note  of 
a  meeting  on  that  day  appears,  although  several  subsequent  meet- 
ings are  recorded. 


8 

Records  of  Courts  Martial  rarely  display  such  carelessness  and 
inattention  on  the  part  of  both  Judge  Advocate  and  Court,  as  is 
shown  in  these  cases. 


m.     The  General  Court  Martial  appointed  by  Special  Orders  No. 
150,  current  series,  Headquarters,  Fourth  Military  District,  and  of 
which  Brevet  Major  General  Richard  Arnold,  Captain,  Filth  Artil- 
lery, is  President,  is  dissolved. 
BY  COMMAND  OF  BUEVET  MAJOK  GENERAL  K.  C.  BUCHANAN: 

H.  NEILL, 

6,  Twentieth  Infante^,  Brevet  Bjigadier  General,  U.  .s.  A., 
Acting  At 


Lieut.,  Thirty-seventh"Inf.,  Bvt.  First  Lieut.,  U.  S.  A. 
Acting  Assistant  Adjutant  General. 


HEADQUARTERS,  DEPARTMENT  OF  LOUISIANA, 

GENEXoL  6K"F'ilS  I  yeu}  Orleans,   L't,,  Sept.  15,  1868. 

I.  Before  a  General  Court  Martial  which  convened  at  Greenville, 
La.,  by  virtue  of  Special  Orders,  No.  157,  current  series,  from  these 
Headquarters,  and  of  which  Brevet  Brigadier  General,  W.  M.  Gra- 
ham, Captain,  First  Artillery,  is  President,  were  arraigned  and  tried: 

1.  Private  ALEXANDER  CHRISTOPHER,  Company  G,  Sixth  Cavalry. 
CHARGE. — ' '  Desertion. " 

PLEA.  — • "  Not  Guilty. ' ' 

FINDING. — "Not  guilty  of  the  charge,  but  guilty  of  absence  with- 
out leave." 

SENTENCE. — '•  To  forfeit  ten  dollars  of  his  monthly  pay  for  one 
mouth. " 

2.  Private  JAMES  H.  RAY,  Company  I,  Fourth  Cavalry. 
CHARGE. — "Desertion." 

PLEA. — "  Guilty." 

FINDING. — "Guilty." 

SENTENCE. — ' ;  To  forfeit  to  the  United  States  all  pay  and  allow- 
ances that  are,  or  may  become  due  him;  to  be  dishonorably  dis- 
charged the  service  of  the  United  States;  to  be  indelibly  marked 
with  the  letter  '  D,'  one  and  one-half  inches  long,  on  his  left  hip,  and 
three  days  thereafter  to  have  his  head  shaved;  and  then  to  be  drum- 
med out  in  presence  of  the  command;  then  to  be  confined  at  hard 
labor,  at  such  place  as  the  Commanding  General  may  direct,  for  the 
period  of  five  years,  wearing  a  ball  to  weigh  thirty  pounds,  attached 
to  his  left  leg  by  a  chain  three  feet  long." 

3.  Sergeant  JEREMIAH  CUKRIN,  Company  C,  First  Infantry. 
CHAUGE  IST. — "Violation  of  the  Fiftieth  \rticle  of  War.'' 
CHARGE  2o. — "  Breach  of  arrest,   to   the  prejudice  of  good  order 

and  military  discipline." 

PLEA. — To  the  First  Charge. — "  Guilty." 

To  the  Second  Charge.—"  Not  Guilty.  ' 

FINDING. — "  Guilty." 

SENTENCE. — "To  be  reduced  to  the  ranks;  to  have  his  chevrons 
struck  off  in  presence  of  the  command ;  to  forfeit  to  the  United  States 
ten  dollars  of  his  monthly  pay  per  month,  for  the  period  of  six 
months." 

4.  Private  PETER  HESSE,  Light  Battery  K,  First  Artillery. 
CHAEGE  IST. — "  Larceny,  to  the  prejudice  of  good  order  and  mil- 
itary discipline." 


2 

CHARGE   2o. — "Wrongfully   and  knowingly    selling   government 
property  in  violation  of  an  act  approved  March  2,  1863." 
PLEA. — "Not  Gnilty." 
FINDING. — ' '  Not  Guilty. ' ' 
"And  the  Court  does  therefore  acquit  him." 

5.  Musician  PATRICK  MURRAY,  Company  C,  First  Infantry. 
CHARGE. — "Violation  of  the  Fiftieth  Article  of  War." 
PLEA. — "  Guilty." 

FINDING. — "Guilty. " 

SENTENCE. — "To  forfeit  to  the  United  States  ten  dollars  of  his 
monthly  pay  for  two  months,  and  to  be  confined  at  hard  labor  in 
charge  of  the  guard  for  the  same  period. " 

6.  Private  JOSEPH  C.  RITCHEY,  Company  F,  First  Infantry. 
CHARGE  IST. — "  Robbery,  to  the  prejudice  of  good  order  and  mili- 
tary discipline." 

CHARGE  2o. — "  Larceny,  to  the  prejudice  of  good  order  and  mil- 
itary discipline." 

PLEA. — "Not  Guilty." 

FINDING. — Of  the  First  Charge.— "Not  guilty  of  robbery,  but 
guilty  of  conduct  to  the  prejudice  of  good  order  and  military  dis- 
cipline." 

Of  the  Second  Charge. — "  Guilty." 

SENTENCE. — "To  forfeit  all  pay  and  allowances,  that  are,  or  may 
become  due  him ;  to  be  dishonorably  discharged  the  service  of  the 
United  States,  and  then  to  be  confined  at  hard  labor  at  such  place 
as  the  Commanding  General  may  designate,  lor  the  period  of  two 
years. " 

7.  Private  JAMES  McC.CLL,  Light  Battery  K,  First  Artillery. 
CHARGE. — "  Desertion." 

PLEA. — "  Gnilty." 

FINDING. — "  Gnilty." 

SENTENCE. — "  To  forfeit  to  the  United  States  all  pay  and  allow- 
ances, that  are,  or  may  become  due  him;  to  be  dishonorably  dis- 
charged Irom  the  service  of  the  United  States;  to  be  indelibly  marked 
with  the  letter 'D,' one  and  one-half  inches  long,  on  his  left  hip, 
and  three  days  thereafter  to  have  his  head  shaved,  and  to  be  bugled 
out  in  presence  of  his  command;  then  to  be  confined  at  hard  labor  at 
such  place  as  the  Commanding  General  may  direct,  for  the  period  of 
five  years,  wearing  a  ball  to  weigh  twenty-four  pounds  attached  to 
his  lelt  leg  by  a  chain  three  feet  long. " 

8.  Sergeant  ROBERT  TEMPLE,  Company  F,  First  Infantry. 
CHARGE  IST. — "  Violation  of  th°.  Fiftieth  Article  of  War." 
CHABOK  2o. — "  Breach  of  arrest,  to  the  prejudice  of  good  order 

aud  military  discipline." 


CHAKGE  3o. — "Conduct  highly  prejudicial  to  good  order  and  mili- 
tary discipline. " 

PLEA.— "Not  Guilty." 

FINDING. — "  Guilty. " 

SENTENCE.— "To  be  reduced  to  the  rank  of  a  private  soldier;  to 
forfeit  to  the  United  States,  fifteen  dollars  per  month  of  his  monthly 
pay,  for  twelve  months,  and  to  be  confined  at  hard  labor  at  such 
place  as  the  Commanding  General,  may  direct  for  the  same  period. " 

y.     Private  BURROIGH  RICH,  Company  F,  First  Infantry. 

CHAKGE. — "Violation  of  the  Forty-sixth  Article  of  War." 

PLEA.— "Not  Guilty." 

FINDING. — "Guilty. " 

SENTENCE. — "To  be  confined  at  hard  labor  in  charge  of  the  guard 
for  three  months,  and  to  forfeit  to  the  United  States  ten  dollars  per 
month  of  his  monthly  p:iy  tor  tli3  same  period. " 

10.  Private  JOHN  W.  SAMLER,  Company  I,  First  Infantry. 
CHARGE  IST. — "  Desertion." 

CHARGE  2D.— "  Violation  of  the  Twenty-second  Article  of  War." 

PLEA.  — ' '  Guilty. " 

FINDING. — "  Guilty." 

SENTENCE. — "  To  forfeit  to  the  United  States  all  pay  and  allowances 
that  may  be,  or  that  majr  become  due  him ;  to  be  indelibly  marked 
upon  the  left  hip  with  the  letter  *D,' one  and  a  half  inches  long; 
three  days  thereafter  to  be  dishonorably  discharged  the  service  of 
the  United  States;  to  have  one  half  of  his  head  shaved,  and  to  be 
drummed  out  in  presence  of  the  command;  then  to  be  confined  at 
hard  labor  at  such  place  as  the  Commanding  General  may  designate, 
for  the  period  of  eight  years,  having  a  ball  weighing  twenty-four 
pounds,  attached  to  his  left  leg,  by  a  chain  three  feet  long." 

11.  Private  OSCAR  CHURCH,  Company  G,  First  Infantry. 
CHARGE. — "Desertion." 

PLEA. — "Not  Guilty." 

FINDING. — "  Not  guilty  of  desertion,  but  guilty  of  absence  with- 
out leave." 

SENTENCE. — "  To  forfeit  to  the  United  States  five  dollars  of  his 
monthly  pay  for  the  period  of  six  months;  to  refund  the  thirty  dol- 
lars paid  for  his  apprehension,  and  to  be  confined  at  hard  labor  in 
charge  of  the  guard  for  three  months. " 


II.     The  proceedings  and  findings  in  the  cases  of — 
Sergeant  Jeremiah  Curran,  Company  C,  First  Infantry, 
Musician  Patrick  Murray,  "        "  " 


4    - 

Private  Em-rough    Kich,    Company    F,  First  Infantry, 

"      Oscar  Church,  "        G,          " 

and        "      Alexander  Christopher,   "         "   Sixth  Cavalry, 
are  approved.     The  sentences  are  confirmed  and  will  be  duly  exe- 
cuted. 

The  proceedings,  findings  and  acquittal  in  the  case  of  Private 
Peter  Hesse,  Light  Battery  K,  First  Artillery,  are  approved.  He 
will  be  released  from  confinement  and  restored  to  duty. 

The  proceedings,  findings  and  sentence  in  the  case  of  Private 
John  W.  Samler,  Company  I,  First  Infantry,  are  approved.  So 
much  of  the  sentence,  however,  »s  provides  that  one-half  his  head 
be  shaved  is  remitted,  and  the  period  of  confinement  is  reduced  to 
two  years.  As  thus  mitigated  the  sentence  will  be  duly  executed. 
Ship  Island,  Miss. ,  is  designated  as  the  place  of  confinement. 

The  proceedings,  findings  and  sentence  in  thj  case  of  Private 
James  McCall,  Light  Battery  K,  First  Artillery,  are  approved.  But 
in  view  of  his  critical  physical  condition,  as  described  by  a  certifi- 
cate of  the  Post  Surgeon,  the  sentence  is  remitted,  except  so  much 
as  provides  that  he  "forfeit  to  the  United  States  all  pay  and  allow- 
ances that  are  or  may  become  due  him,  and  that  he  be  dishonorably 
discharged  the  service  of  the  United  States,"  which  is  confirmed,  and 
will  be  duly  executed. 

The  proceedings,  findings  and  sentence  in  ihe  case  of  Sergeant 
.Robert  Temple,  Company  F,  First  Infantry,  are  approved.  But  in 
view  of  the  testimony,  showing  that  the  accused  was  reported  sick, 
and  was  marked  "for  quarters  "  at  the  date  the  offence  first  charged 
was  committed,  of  his  previous  good  character,  as  shown  by  the 
testimony  of  his  company  commander,  and  of  a  recommendation 
to  clemency  by  the  Court,  the  sentence  is  remitted.  He  will  be  re- 
leased from  arrest  and  restored  to  duty. 

The  proceedings  in  the  case  of  Private  James  H.  Ray,  Company 
I,  Fourth  Cavalry,  are  disapproved  on  account  of  variance  in  the 
name,  as  recorded,  of  the  accused.  In  the  specification  it  is  James 
H.  Ray;  in  the  sentence  John  H.  Kay.  He  will  be  released  from  con- 
finement and  restored  to  duty. 

The  proceedings  in  the  case  of  Private  Joseph  Jiitchey,  Company 
F,  First  Infantry,  are  disapproved.  A  soldier  who  was  indicted  in 
the  t  pecifications  as  an  accomplice  of  the  accused — but  not  put  on 
his  trial  at  the  same  time  with  him — was  introduced  as  a  witness  for 
the  defence.  He  was  objected  to  as  being  incompetent  by  reason 
of  interest.  The  Court  overruled  the  objection,  and  he  proceeded 
to  testify.  During  the  examination,  however,  the  witness  was  again 
objected  to.  The  Court  then  proceeded  to  examine  him  upon  his 
voir  dire,  after  which  the  objection  was  sustained  and  the  witness 


rejected.  In  so  doing  the  Court  committed  a  fatal  error.  An. 
accomplice,  whether  indicted  or  not,  is  a  competent  witness  both 
for  the  prosecution  and  defense,  if  he  has  not  been  put  on  his 
trial  at  the  same  time  with  his  companion  in  crime.  The  degree 
of  ere  lit  which  should  be  given  to  the  testimony  of  the  witness,  is 
exclusively  within  the  province  of  the  Court  to  decide.  It  niiiy  or 
may  not  believe  him,  but  it  cannot  legally  refuse  to  admit  him.  A 
further  fatal  error  was  committed  by  the  Court  in  not  causing  the 
examination  upon  the  voir  dire  to  be  recorded  at  length.  The  state- 
ment that  such  an  examination  was  made  only  is  recorded.  The 
prisoner  will  be  released  from  confinement  and  restored  to  duty. 
BY  COMMAND  OF  BREVET  MAJOR  GENERAL  R.  C.  BUCHANAN: 

NEILL, 

gadier  General,  U.  S.  A., 
d}ujnl  General 


or,  Twentieth  Infantr 
Acting  Assi 


fee.  Lieut.,  Thirty-seventh  Inf.,  Bvt.  First  Lieut.,  U. 
Acting  Assistant  Adjutant  General. 


HEADQUARTERS,  DEPARTMENT  OF  LOUISIANA 

GENEUAL  OKDEUS  t 

Xo.  7.  f  Aeio  Orleans,   La.,  Sept.  15,  1868. 

1.     Before  a  Garrison  Court   Martial   which   convened   at  Green- 
He,  La.,  by  virtue  of  Special  Orders  No.  105,  current  series   Head- 
quarters, post  of  New  Orleans,  La.,  and  of  which  Brevet  Lieutenant 
)lonel  Sheldon   Sturgeon,   Captain,    First  Infantry,  is  President 
were  arraigned  and  tried: 
1.     Private  DANIEL  GOEMAN,  Company  G,  First  Infantry. 

CHVBUB.—"  Conduct  prejudicial  to  good  order  and  military  dis- 
ciphne. " 

PLKA.  — "Guilty. " 

FINDIXG. — "  Guilty." 

SENTENCE. -"To  forfeit  to  the  United  States  ten  dollars  of  his 
monthly  pay  for  one  month,  and  to  be  confined  at  hard  labor  in 
charge  of  the  guard  for  the  period  of  twenty  days." 

Private  JAMES  FARLEY,  Company  K,  First'  Infantry. 

CHAKGE.-"  Neglect  of  duty,  to  the  prejudice  of  good  order 
and  military  discipline. " 

PLEA. — "  Xut  Guilty. " 

Fi.\ JUNG.— "Not  Guilty." 

"And  the  Court  does  therefore  acquit  him." 

3.     Private  FBEDEKICK  BBOWNIXG,  Company  K,  First  Infantry. 

CHAKGE  IST.  — "  Conduct  prejudicial  to  good  order  and  military 
discipline." 

CHAEGE  2o.  — "  Violation  of  the  Forty-fourth  Article  of  War." 
PLEA.  —  To  the  Fir*t  Ch>ir<je—"  Not  Guilty." 

To  the  Second  Charge—"  Guilty." 
FINDING.— Qfthe  First  Charge.— "Not  Guilty." 

Of  the  Second  Charge.  —  "Guilty." 

SENTENCE. -"To  forfeit  to  the  United  btates  five  dollars  of  his 
monthly  pay  for  one  month.  ' 


II.  The  proceedings  and  findings  in  these  cases  having  been  ap- 
proved by  the  authority  which  convened  the  Court,  and  the  sen- 
tences confirmed  and  ordered  to  be  duly  executed,  the  records  were 
forwarded  to  the  Department  Commander  for  his  supervision  in 
compliance  with  Paragraph  898,  Revised  Regulations.  The  records 
are  lound  to  be  fatally  defective  in  not  showing  that  the  Recorder 


was  sworn  a*  swlt.  The  Recorder  of  a  Garrison  or  Regimental  Court 
Martial  is  required  to  take  two  oaths  in  presence  of  the  accused — one 
as  «  member  of  the  Court,  which  is  administered  by  himself,  and 
another  as  Recorder,  which  is  administered  by  the  senior  member. 
The  latter  oath  is  the  same  as  that  which  is  prescribed  for  the  Judge 
Advocate  of  a  General  Court  Martial.  The  proceedings  are  set  aside, 
and  the  sentences  will  not  be  executed.  The  officer  who  appointed 
this  Court  overlooked  one  of  the  requirements  of  General  Orders  No. 
24,  current  series,  Headquarters,  Fifth  Military  District,  now  in 
force  in  this  Department,  to- wit:  "  When  o  Garrison  or  Regimental 
Court  is  convened,  it  must  be  made  lo  appear  in  the  order  uppoi'dmy  the 
Court  that  it  was  impracticable  to  convene  a  Field  Officer's  Court."  The* 
attention  of  officers  appointing  such  Courts  is  again  directed  to  that 
order,  which  must  be  complied  with. 
Bv  COMMAND  OF  BUKVET  MAJOU  GENERAL  R.  C.  BUCHANAX: 

THOS.  H.  NEILL,, 

Major,  Twentieth  Infantry,  Brevet  Brigadier  General,  U.  S.  A., 
:  .  Acting  Assistant  Adjutant  General 


See.  l.i-ut.,  Tliirt.v-ri«V(>i^H^jg||^^M  Lieut.,   U.  S.  A., 
Acting  A8|M^^H  »•*<•''•.. : v  •• 


HEADQUARTERS,  DEPARTMENT  OP  LOUISIANA, 
GES*i?o.(8!U>ltH8}  New  Orleans,  La.,  Sept.  15,  1863. 

I.  Before  a  Garrison  Court  Martial  which  convened  at  Little 
Rock,  Arkansas,  by  virtue  of  Special  Orders  No.  127,  current  series, 
Headquarters,  Post  of  Little  Rock,  and  of  which  Brevet  Major  A. 
H.  Andrews,  Twenty-eighth  Infantry,  is  President,  were  arraigned 
and  tried: 

1.  Private  EMANLELSAUVE,  Company  I,  Twenty-eighth  Infantry. 
CHABGK. — "Absence  without  leave." 

PLEA. — "Guilty." 
FINDING. — "  Guilty." 

SENTENCE. — "To  forfeit  to  the  Unit  id  States  fju:-  dollar*  of  h'n 
monthly  pay  for  one  month." 

2.  Private  JAMES  McMAHON,  Company  1,  Twenty-eighth  Infantry. 
CHARUK  IST.—"  Absence  without  leave." 

CHARGE  2  D. — "Conduct  to  the  prejudice  of  good  order  and  military 
discipline." 

PLE».— "Guilty." 

FINDING. — "  Guilty." 

SENTENCE  — "To  forfeit  to  the  United  States  ten  dollars  of  his 
monthly  pay  for  one  month." 

3.  Private  PATRICK  BOYLE,  Company  A,  T  Jirenty-eighth  Infantry. 
CHARGE. — "Absence  without  leave." 

PLEA. — "Guilty." 
FINDING. — "Guilty." 

SENTENCE. — "To  forfeit  one  dollar  of  his  monthly  pay  for  one 
month." 

4.  Private  JAMES  HOGAN,   Company  A,  Twenty-eighth  Infantry. 
CHARGE. — "Conduct  prejudicial    to    good    order    and  military 

discipline. " 

PI.E\. — "  Guilty." 

FINDING. — "  Guilty." 

SENTENCE.— "To  forfeit  to  the  United  States  five  dollars  of  his 
monthly  pay  for  one  mouth. " 

o.  Lance  Corporal  CHARLES  EWALD,  Light  Battery  G,  Fifth  Ar- 
tillery. 

CHARGE. — "Absence  without  leave." 

PLEA. — "Guilty." 

FINDING. — "  Guilty." 

SENTENCE.— "To  forfeit  to  the  United  States  three  dollars  of 
his  monthly  pay  for  one  mouth. " 


6.  Private  FBA\CIS  COUGHKY,  Light  Battery  G,  Fifth  Artillery. 
CHARGE.  —  "Absence  without  leave." 

PLEA.— "Guilty." 
FINDING. — "  Guilty. " 

SENTENCE. — "To  forfeit  to   the   United  States    four     dollars  of 
his  monthly  pay  for  one  mouth." 

7.  Private  RICHARD  WHITE,  Company  A,  Twenty-eighth  Infantry. 
CHARGE. — "Neglect   of  duty,    to  the    prejudice   of  good   order 

and  military  disci  .line." 

PLEA. — "Xot  Guilty." 

FINDING. — "  Guilty." 

SENTENCE. — "To  forfeit  to  the   United   States  five  dollars  of  his 
monthly  pay  for  one  mouth." 

8.  Corporal  FRANCIS   H.  DAILEY,    Company  B,   Twenty-eighth 
Infantry. 

CHARGE. — "Absence  without  leave." 
PLEA. — "Guilty." 
FINDING. — "  Guilty." 

SENTENCE. — "  To   forfeit  to  the  United  States  six  dollars  of  his 
monthly  pay  for  one  month/' 

9.  Private  GEORGE  EGLEY,  Light  Battery  G,  Fifth  Artillery. 
CHARGE. — "Conduct  prejudicial  to  good  order  and  military  dis- 
cipline." 

PLEA.— "Not  Guilty." 
FJNDING. — "  Guilty. " 

SENTENCE. — "To  forfeit  to   the    United  States  five  dollars  of  his 
monthly  pay  for  one  month. " 

10.  Private  JOHN  O'MAHONEY,  Light  Battery  G,  Fifth  Artillery. 
CHARGE. — "Conduct  prejudicial  to  good  order  and  military  dis- 
cipline." 

PLEA. — "  Guilty." 
FINDING. — "  Guilty." 

SENTENCE. — "To  forfeit  to  the  United  States  three  dollars  of  his 
monthly  pay  for  one  mouth.'' 

11.  Private  JOHN  REYNOLDS,  Light  Battery  G,  Fifth  Artillery. 
CHARGE. — "  Absence  without  leave." 

PLEA — "Guilty." 
FINDING. — "  Guiltj7. " 

SENTENCE. — "To  forfeit  to  the    United  States  three  dollars   of 
his  monthly  pay  for  one  month." 

12.  Private  JAMES  MORKISEY,  Light  Battery  G,  Fifth  Artillery. 
CHARGE. — "Absence  without  leave." 

PLEA. — "  Guilty.'' 
FINDING. — "  Guilty." 


SENTENCE — "To  forfeit  to  the  United  States  three  dollars  of  his 
monthly  pay  for  one  month. " 

13.  Private  PATKICK  SMITH,  Company  A,  Twenty-eighth  Infantry. 
CHARGE  IST. — "Absence  without  leave." 

CHARGE  2o. — "Conduct  prejudicial  to  good  order  and  military 
discipline." 

PLEA. — "  Not  Guilty. " 

FINDING. — "  Guilty." 

SENTENCE. — "To  forfeit  to  the  United  States  his  pay  for  one 
month,  except  the  just  dues  of  the  laundress;  and  to  be  confined  at 
hard  labor  for  one  mouth,  excepting  the  first  fourteen  days,  which 
shall  be  in  solitary  confinement  on  bread  and  water." 

14.  PATRICK  WILLIAM  MURPHY,   Company  I,   Twenty-eighth  In- 
fantry . 

CHARGE  IST. — "  Absence  without  leave." 

CHARGE  2o. — "Conduct  to  the  prejudice  of  good  order  and  mili- 
tary discipline." 

PLEA. — "Guilty." 

FINDING.—"  Guilty." 

SENTENCE. — "  To  forfeit  to  the  United  States  ten  dollars  of  his 
monthly  pay  for  one  month. " 

15.  Private  GEORGE  "W.  HAKNEY,  Company  I,  Twenty-eighth  In- 
fautry. 

CHARGE.  —  "Absence  without  leave." 

PLKA.— "Guilty." 

FINDING. — "  Guilty." 

SENTENCK. — "To  forfeit  to  the  United  States  three  dollars  of  his 
monthly  pay  for  one  month." 

1G.     Private  CHARLES  GOULD,  Light  Battery  G,  Fifth  Artillery. 

CHARGE. — "Absence  without  leave." 

PLEA. — "  Guilty." 

FINDING. — ' '  Guilty. " 

SENTENCE. — "To  forfeit  to  the  United  States  three  dollars  of  his 
monthly  pay  for  one  month." 

17.  Private  JOHN  COYLE,  Company  I,  Twenty-eighth  Infantry. 
CHARGE. —  "Absence  without  leave." 

PLKA. — '•  Guilty." 
FINDING. — "  Guilty." 

SENTENCE. — "  To  forfeit  to  toe  United  States  two  dollars  of  his 
monthly  pay  for  one  mouth." 

18.  Private  HENHY  JOICE,  Company  I,  Twenty-eighth  Infantry. 
CHARGE. — "  Absence  without  leave." 

PLEA.  —  "  Guilty." 
FINDING.  —  "Guiltv. " 


SENTENCE. — "  To  forfeit  to  the  United  States  five  dollars  of  his 
monthly  pay  for  one  month." 

19.  Corporal  HENBY   BURKE,    Company  A,    Twenty-eighth  In- 
fantry. 

CHABGE. — "  Neglect  of  duty  in  violation  of  the  Forty-fourth  Ar- 
ticle of  War." 

PLEA.—"  Guilty." 

FINDING. — "  Guilty." 

SENTENCE. — "To  forfeit  to  the  United  States  five  dollars  of  his 
monthly  pay  for  one  month." 

20.  Private  THOMAS  P.  COBUBN,  Company  B,   Twenty-  eighth  In- 
fantry. 

CHARGE. — "Absence  without  leave." 
PLEA. — "  Guilty." 
FINDING. — "  Guilty." 

SENTENCE. — "To  forfeit  to  the  United  States  three  dollars  of  his 
monthly  pay  for  one  month." 

21.  Corporal  WILLIAM  BYRNES,   Company  B,  Twenty-eighth  In- 
fantry. 

CHABGE  IST. — "Absence  without  leave ." 
CHABGE  2o. — "  Neglect  of  duty." 
PLEA.— "Guilty." 
FINDING. — "  Guilty." 

SENTENCE. — "To  forfeit  to  the  United  btates  three  dollars  of  his 
monthly  pay  for  one  month." 

22.  Private  DAVID  McCAN,  Compauy  B,  Twenty-eighth  Infantry. 
CHARGE. — "Absence  without  leave." 

PLEA. — "Guilty. " 
FINDING. — "  Guilty." 

SENTENCE. — "  To  forfeit  to  the  United  States  five  dollars  of  his 
monthly  pay  for  one  month. " 

23.  Private  JAMES  PRIOR,  Light  Battery  G,  Fifth  Artillery. 
CHARGE. — "Conduct  prejudicial    to    good  order    and     military 

discipline." 

PLEA. — "Guilty." 

FINDING. — "  Guilty." 

"But  in  consideration  of  the  statement  of  the  accused,  which 
statement  the  Court  believes  to  be  true,  as  to  his  condition,  the 
Court  attach  no  criminality  to  the  act,  and  do  therefore  acquit 
him. " 

24.  Private  JAMES  COOK,  Compauy  C,  Twenty-eighth  Infantry. 
CHARGE. — "Conduct    prejudicial   to   good    order    and  military 

discipline." 

1'ijiA. — "Guilty." 


FINDING. — "  Guilty." 

SENTENCE. — "To   forfeit  to  the  United  States   five  dollars  of  his 
monthly  pay  tor  one  month ." 


II.  The  proceedings  and  findings  in  these  cases  having  been  ap- 
proved by  the  authority  which  convened  the  Court,  and  the  sen- 
tences confirmed  and  ordered  to  be  duly  executed,  the  records  were 
forwarded  to  the  Department  Commander  lor  his  supervision  in 
compliance  with  Paragraph  898,  Revised  Regulations. 

The  records  are  found  to  be  fatally  defective  in  not  showing  that 
the  Recorder  was  sworu  as  such.  As  has  been  heretofore  affirmed 
in  General  Orders,  the  Recorder  of  a  Garrison  or  Regimental  Court 
Martial  is  required  to  take  two  oaths  in  presence  of  the  accused — 
one  as  a  member  of  the  Court,  which  is  administered  by  himself,  and 
another  a.s-  Recorder,  which  is  administered  by  the  senior  member, 
the  latter  being  the  same  oath  as  that  which  is  prescribed  for  the 
Judge  Advocate  of  a  General  Court  Martial. 

The«records  are  further  fatally  defective  in  that  the  "  decision  and 
orders"  of  the  reviewing  officer  upon  the  findings  and  sentence  are  not 
endorsed  thereon. 

It  is  insufficient  for  him  to  record  at  the  end  of  the  proceedings 
simply  his  approval  of  them.  Such  approval  does  not  include  the 
findings  or  the  sentence. 

In  but  four  cases  do  the  records  show  the  names  of  the  members 
present  at  the  triaJ . 

It  is  observed  from  the  records  that  "Brevet  Major  Pierce,  Cap- 
tain, Twenty-eighth  Infantry, "  was  detailed  by  his  surname  alone  to 
replace  an  officer  relieved  from  duty  on  the  Court.  This  manner  of 
issuing  orders  is  in  violation  of  the  customs  of  the  service  and  un- 
der some  circumstances  would  be  sufficient  cause  for  disapproving 
the  proceedings. 

The  proceedings  in  the  foregoing  cases  are  set  aside  and  the  sen- 
tences will  not  be  executed. 
BY  COMMAND  OF  BUKVET  MAJOU  GENERAL  K.  C.  BUCHANAX : 

NEILL,, 
/  > 

r,  Twentieth  Infant 

Acting  Ass 


c.  Lieut.,  Thirty-seventh  Inf.,  Bvt.  First  Lieut.,  U.  S.  A., 
Acting  Assistant  Adjutant  General. 


HEADQUARTERS,  DEPARTMENT  OF  LOUISIANA, 

GENERAL  OunEiJs  ?  v-       .->  ,  r  '     o 

NO.  9.          s  -"p*0  Orleans,  La.,  Sept.  15,  18G8. 

In  obedience  to  Paragraph  4,  General  Orders  No.  55,  Headquarters 

of  the  Army,  dated  Washington,  D.  C.,   July  28,   18(58,  the  under- 

::iishes  command  of  the  Department  of  Louisiana 

a  a.   {'.  S.  Army. 


Sec.  Lieut.,  Thirty-sovorith  Inf.,  Bvt.  First   Lieut.,  U.  S.  A., 
Acting  Assistant  Adjutant  General. 


HEADQUARTERS,  DEPARTMENT  OF  LOUISIANA, 

GEXERAL  OUUERS  )  ,r       ~  , 

No.  10.        5  New  Orleans,  La.,  Sept.  15,  1868. 

I.  Iu  obedience  to  Paragraph  4,  General  Orders  No.   55,  Head- 
quarters of  the  Army,  dated  Washington,  D.  0. ,  July  28,  1868,  the 
undersigned    hereby    assumes    command   of   the    Department  of 
Louisiana. 

II.  The  Staff  of  the  Department  will  remain  as  at  present  organ- 


ized. 


OFFICIAL : 


LOVELL  H. 

BreveMajorGenetal,  TJ.  S.  Army, 

jwnmanding  Department. 


PC.  Lieut.,  Thirty-seventh  Iiif.,  Bvt.  First  Lieut.,  U.  S.  A., 
Acting  Assistant  Adjutant  General. 


'\\ 


HEADQUARTERS,  DEPARTMENT  OP  LOUISIANA, 

GENERAL  ORDERS J  New  Orieans>  La^  Sept.  18,  1868. 

I.  Before  a  Regimental  Court  Martial  which  convened  at  Fort 
Jackson,  La.,  by  virtue  of  Paragraph  2,  Special  Orders  No.  22,  cur- 
rent series,  Headquarters,  Thirty-ninth  Infantry,  and  of  which  Cap- 
tain Frank  T.  Bennett,  Thirty-ninth  Infantry,  is  President,  were  ar- 
raigned and  tried: 

1.  Private  WILLIAM  WILSON,  Company  G,  Thirty-ninth  Infantry. 
CHAKGE. — -"Conduct  to  the  prejudice  of  good  order  and  military 

discipline.'' 

PLEA.— "Not  Guilty." 

FINDING.—"  Guilty." 

SENTENCE. — "  To  forfeit  fourteen  dollars  of  his  pay,  and  to  be  con- 
fined for  twenty  days,  fifteen  of  which  at  hard  labor  and  five  days 
on  bread  and  water." 

2.  Private  BENJAMIN  PAYTON,  Company  G,  Thirty-ninth  Infantry. 
CHAKGE. —  "Absence  without  leave." 

PLEA. — ''•  Guilty. " 

FINDING. — "  Guilty." 

SENTENCE. — "  To  forfeit  to  tne  United  States  five  dollars  of  his 
monthly  pay,  and  to  be  reprimanded  in  the  presence  of  his  company 
by  the  commanding  officer  of  the  same." 


II.  The  proceedings  aiid  findings  in  these  cases  having  been  ap- 
proved by  the  authority  which  convened  the  Court,  and  the  senten- 
ces confirmed  and  ordered  to  be  duly  executed,  the  records  were 
forwarded  to  the  Department  Commander  for  his  supervision,  in 
compliance  with  Paragraph  898,  Revised  Regulations. 

At  the  dates  these  cases  were  tried — August  27th  and  September 
3d,  18(i8 — it  was  practicable  to  detail  a  Field  Officer  as  a  Court,  one 
being  present  at  the  post.  This  fact  renders  the  trials  by  a  Regi- 
mental Court  an  illegal  proceeding. 

"  The  latter  Court  (Regimental  or  Garrison)  can  now  be  held  only  in 
cases  where  it  is  impracticable  to  detail  a  Fithl  Officer  <  s  a  Court  in  the 
Regiment."  [Digest  of  the  opinions  of  the  Judge  Advocate  General, 
page  173.] 

There  is  no  authority  for  prolonging  the  existence  of  a  Court  for 
mouths — there  being  no  business  before  it  — as  has  been  done  in 
this  instance.  When  a  Court  has  completed  the  business  referred 
to  it,  it  should  be  dissolved  and  others  organized,  as  the  exigencies 
of  the  service  require. 

The  proceedings  are  set  aside,  and  the  sentences  will  not  be  ex- 
ecuted. 
BY  COMMAND  OF  BKKVET  MAJOR  GENERAL  LJLKoussEAU: 

I.  NEILL, 

|U.  S.  A., 


•.  Lieut.,  Thirty-seventh  Inf.,  Bvt.  First  Lieut.,  U.  S.  A., 
Acting  Assistant  Adjutant  General. 


HEADQUARTERS,  DEPARTMENT  OF  LOUISIANA, 

GENERAL  ORDERS  ?  -\r       /-\  i  T        o 

No.  12.        j  -MW  Orleans,  La.,  Sept.  23,  1868. 

Brevet  Major  General  Romeyn  B.   Ayres,  Lieutenant    Colonel, 
Twenty-eighth  Infantry,  is  hereby  announced  and  assigned  to  duty 
as  Acting  Assistant  Inspector  General,    Department  of  Louisiana. 
He  will  be  obeyed  and  respected  accordingly. 
Br  COMMAND  OF  BHEV^P-JHAJOR  GENERAL  L.  H.  ROUSSEAU: 

NEILL, 

f,  Twentieth  Infantry ,/Brevet  Brigadier  General,  U.  S.   A., 
OFFICIAL:      /     /  Acting  Assist 


:c.  Lieut.,  Thirty-seventh  Inf.,  Bvt.  First  Lieut.,  U.  S.  A., 
Acting  Assistant  Adjutant  General. 


HEADQUAKTERS,  DEPAETMENT  OF  LOUISIANA, 

GENERAL  ORDERS j  N&w  Orlean^  jr^  gept   34,  1868. 

I.  Before  a  General  Court  Martial  vfhich  convened  at  Fort  Smith, 
Arkansas,  by  virtue  of  Paragraph  3,  Special  Orders  No.  17,  current 
series,  from  these  Headquarters,  and  of  which  Lieutenant  Colonel 
Pinckuey  Lugenbeel,  Nineteenth  Infantry,  is  President,  were  ar- 
raigned and  tried  : 

1.     Private  HENKT  FKOJIM,  Company  H,  Nineteenth  Infantry. 

CHARGE. — "Violation  of  the  Forty -sixth  Article  of  War — sleeping 
on  post." 

Specification. — "  In  this,  that  he,  Private  Henry  Fromm,  H  Corripa- 
uy.  Nineteenth  Infantry,  having  been  duly  mounted  as  a  member"  of 
the  post  guard,  and  posted  as  a  sentinel  on  post  No.  7,  at  post  hospi- 
tal, was  found  sleeping  on  his  post  by  Second  Lieutenant  J.  C.  For- 
tune, Officer  of  the  Day.  All  this,  at  or  near  Fort  Smith ,  Arkansas,  be- 
tween the  hours  of  one  and  two  o'clock,  A.  M.,  on  or  about  the  Fourth 
day  of  September,  1868." 

PLEA.  —  To  the  Specification^ — "  Not  Guilty." 
To  the  Change. — "Not  Guilty." 

FINDING. — Of  the  Specification—"  Guilty." 
Of  the  Cnarge. — •"  Guilty." 

SENTENCE. — "  To  be  confined  at  hard  labor  in  charge  of  the  guard 
with  an  iron  ball  weighing  twenty-four  pounds  attached  to  his  left  leg, 
by  a  chain  three  and  one-half  feet  in  length,  until  the  Eighth  day  of 
March,  1669,  and  to  forfeit  to  the  United 'States  ten  dollars  per  month 
of  his  uiocthly  pay  tor  six  mouths,  from  the  Eighth  day  of  Septem- 
ber, 1808." 

2.     Private  GUSTAV  CONTENT,  Company  E,  Nineteenth  Infantry. 

CHARGE. — "  Violation  of  the  Forty-sixth  Article  of  War — sleeping 
011  post." 

Specification. — "In  this,  that  he,  Private  Gustav  Content,  E  Compa- 
ny, Nineteenth  lufautry,  having  been  duly  mounted  as  a  member  of 
the  post  guard,  and  posted  as  a  sentinel  on  post  No.  3,  at  Post  Black- 
smith shop,  was  found  sleeping  on  his  post  by  the  Corporal  of  the 
guard.  All  this,  at  cr  near  Fort  Smith,  Arkansas,  between  the  hours 
of  two  and  three  o'clock,  A.  M.,  on  or  about  the  Fourth  day  of  Sep- 
tember, 18G8." 

PLEA. — To  ihz  Specification. — "  Guilty." 
To  (he  Charge. — "Guilty." 

FiNiiiNG.  —  Of  the  Specification. — ' '  Guilty. " 
Of  the  C'kartje.  —  "Guilty" 

SENTENCE. — "  To  be  confined  at  hard  labor  in  charge  of  the  guard 
with  au  iron  ball  weighing  twenty-four  pounds  attached  to  his  left 


leg,  by  a  chain  three  and  one-half  feet  in  length  un^il  the  Eighth  day 
of  March,  1869,  and  to  forfeit  to  the  United  States  ten  dollars  per 
mouth  of  his  monthly  pay  for  six  months,  from  the  Eighth  clay  of 
September,  1868." 

3 .    Private  MATTHEW  LEIS,  Company  H,  Nineteenth  Infantry. 

CHARGE.— "Conduct  to  the  prejudice  of  good  order  and  military 
discipline." 

Specification.— "In  this,  that  he,  Private  Matthew  Leis,  Company 
H,  Nineteenth  Infantry,  did  take,  steal  and  carry  away  from  the 
quarters  of  company  Quartermaster  Sergeant  Arthur  McKnight, 
Company  H,  Nineteenth  Infantry,  certain  money,  to- wit:  the  sum 
of  thirty  dollars,  and  did  appropriate  the  same  to  his  own  use, 
said  thii  ty  dollars,  being  the  company  fund  of  H  Company,  Nine- 
teenth Infantry,  and  at  the  time  in  charge  of  the  said  company 
Quartermaster  Sergeant,  Arthur  McKnight,  H  Company,  Nineteenth 
Infantry.  All  this  at  or  near  Fort  Smith,  Ark.,  between  the  hours 
of  11  o'clock,  P.  M.,  of  the  First  and  8  o'clock,  A.  M.,  of  the  Second 
days  of  August,  1863." 

I'LE \.~To  'he  Si>ei'.ific dton. — "Guilty." 
To  ike  Charge.— "Guilty." 

FINDING.  —  Of  the  Specification — "Guilty." 
Of  the  Charge.— "Guilty." 

SKNTENCE.— "  To  be  dishonorably  discharged  the  military  service 
of  the  United  States,  with  the  loss  of  all  pay  and  allowances  except 
the  just  dues  of  the  laundress,  and  to  be  confined  at  hard  labor  in 
such  military  prison  as  the  Commanding  General  may  designate, 
for  the  period  of  one  year. " 

II.  The  proceedings  and  findings  in  the  foregoing  cases  are  ap- 
proved. Upon  the  recommendation  of  a  majority  of  the  members 
of  the  Court,  based  upon  the  previous  good  conduct  of  the  accused, 
so  much  of  the  sentences  in  the  cases  of  Privates  Henry  Fromm, 
Company  H,  and  Gustav  Content,  Company  E,  Nineteenth  Infan- 
try, as  provides  that  they  wear  a  ball  and  chain  is  remitted,  and  the 
period  of  confinement  and  stoppage  of  pay  is  reduced  to  three 
months  from  the  Eighth  day  of  September,  1868.  As  thus  miti- 
gated the  sentences  will  be  duly  executed.  The  sentence  in  the 
case  of  Private  Matthew  Leis,  Company  H,  Nineteenth  Infantry,  is 
confirmed  and  will  be  duly  executed.  The  military  prison  at  Little 
Eock,  Ark.,  is  designated  as  the  place  of  confinement. 
BY  COMMAND  OF  BUF.VKT  MAJOK  GENEKAL  L.  II.  KOUSSKAU: 

,H.  NEIIX, 

'luXJop/Twentieth  Infaiitr/TBrQvctl^i^iiliur  General,  U.  S 
OFFICIAL:/'  /  Acting  Ass 


fee.  Lieut.,  Thirty-seventh  Inf.,  Bvt.  First  Lieut.,  U.S.  A. 
Acting  Assistant  Adjutant  General. 


HEADQUARTERS,  DEPARTMEISTT  OF  LOUISIANA, 

ORDERS  |  New  Orleans,  La.,  Sept.  25,  1868. 

I.  Before  a  General  Court  Martial  which  convened  at  Baton 
Rouge,  La.,  by  virtue  of  Paragraph  3,  Special  Orders  No.  115, 
dated  Headquarters,  Fifth  Military  District,  New  Orleans,  La., 
May  26,  1868,  and  of  which  Brevet  Major  General  George  Sykes, 
Colonel,  Twentieth  Infantry,  is  President,  were  arraigned  and  tried: 

1.  Private  THOMAS  O'TooLE,  Company  E,  Twentieth  Infantry. 
CHAKGE. — "  Violation  of  the  Forty-fifth  Article  of  War." 
Specification.—"  In  this,  that  Private  Thomas  O'Toole,  Company 

E,  Twentieth  Infantry,  having  been  regularly  detailed  as  a  member 
of  the  guard,  and  duly  mounted  as  such,  did  become  so  much  intoxi- 
cated as  to  render  him  incapable  of  performing  guard  duty.  This 
at  Baton  Rouge,  Louisiana,  on  or  about  the  Eighteenth  day  of 
July,  1868." 

PLEA. — To  the  Specification — "Not  Guilty." 
To  the  Charge.— "Not  Guilty." 

FINDING. — Of  the  Specification. — "Guilty." 
Of  the  Charge.—"  Guilty." 

SENTENCE. — "To  carry  a  knapsack  weighing  twenty-five  pounds 
eight  hours  a  day,  between  reveille  and  retreat,  for  the  period  of 
two  months,  under  charge  of  the  guard,  and  when  not  so  occupied 
between  those  hours  to  be  kept  at  hard  labor. " 

2.  Private  GEOHGE  PETERS,  Company  I,  Twentieth  Infantry. 
CHARGE. — "  Conduct  to  the  prejudice  of  good  order  and  military 

discipline. " 

Specification. — "In  this,  that  Private  George  Peters,  Cbmpany 
I,  Twentieth  Infantry,  did  without  cause  or  provocation  maljeicrfisly 
throw  a  bayonet  at  Private  Frederick  VVeich,  Company  I,  Twentieth 
Infantry,  thereby  inflicting  a  wound  imperilling  the  life  of  said 
Private  Frederick  Weich.  This  at  Lake  Providence.  Carroll  Parish, 
State  of  Louisiana,  on  or  about  the  Twenty-second  day  of  July, 
1868." 

PI.EA. — To  the  Specification. — "Not  Guilty." 
lo  the  Charge  — "Not  Guilty." 

FINDING. — Of  the  Specification. — "  Guilty." 
Of  the  Lharye. — "  Guilty.  ' 

SENTENCE. — "  To  forfeit  to  the  United  States  ten  dollars  of  his 
monthly  pay  per  mouth,  for  four  mouths,  and  to  cany  a  knapsack 
weighing  thirty  pounds  every  other  two  hours,  from  reveille  to  re- 
treat, in  charge  of  the  guard,  for  twenty  days." 


3.  Private  JAMES  WATSON,  Company  A,  Twentieth  Infantry. 
CHABGE  IST. — "Desertion." 

Specification. — "In  this,  that  the  said  Private  James  Watson, 
Company  A,  Twentieth  Infantry,  having  been  duly  enlisted  in  the 
service  of  the  United  States,  did  desert  the  same  on  the  Twentieth 
day  of  July,  1868,  and  did  remain  absent  until  the  Twenty-first  day 
of  July,  1868,  when  he  was  apprehended  at  the  Crescent  Hoiise, 
in  the  city  of  Baton  Rouge,  La.,  by  First  Sergeant  James  Griffiu, 
Company  A,  Twentieth  Infantry,  and  returned  to  this  post.  This 
at  Baton  Rouge,  La.,  on  the  dates  above  specified." 

CHARGE  2o. — "  Theft,  to  the  prejudice  of  good  order  and  military 
discipline." 

Specification. — "  In  this,  that  the  said  Private  James  Watson, 
Company  A,  Twentieth  Infantry,  did  steal  from  members  of  his 
company  various  articles  of  value,  to-wit:  one  valise  and  two  pairs 
shoes.  This  at  Baton  Rouge,  La.,  on  or  about  the  Twentieth  duy 
of  July,  1868." 

PJLEA. — To  the  Specification  to  First  Charge. — "Not  Guilty." 
To  (he  First  Charge. — "Not  Guilty." 

PLEA.-  To  the  Specification  to  Second  Charge. — "Not  Guilty." 
To  the  Second  Charge. — "Not  Guilty." 

FINDING. — Of  the  Specification  to  First   Oharge. — "Guilty,"  except 
the  words  "did  desert"  substituting  the  words  "was  absent  from." 
Of  the  First  Charge. — "Not   Guilty,  but  Guilty   of  ab- 
sence without  leave." 

Of  the  Specification  to  Second  Ciiarge. — "  Not  Guilty." 
Of  the  Second  Charge. — "Not  Guilty." 

SENTENCE. — "To  forfeit  twelve  dollars  of  his  monthly  pay  per 
month  for  two  months. " 

4.  Private  WELLINGTON   G.  McBuENEY,    Company  A,  Twentieth 
Infantry. 

CAEGE  IST. — "Desertion." 

Specification. — "In  this,  that  the  said  Private  Wellington  G.  McBur- 
ney,  Company  A,  Twentieth  Infantry,  having  been  duly  enlisted 
into  the  service  of  the  United  States,  did  desert  the  same  on  the 
Twentieth  day  of  July,  1868,  and  did  remain  absent  until  the 
Twenty-first  day  ot  July,  1868,  when  he  was  apprehended  at  the 
Crescent  House,  in  the  city  of  Baton  Rouge,  La." 

CHARGE  2o. — "Theft,  to  the  prejudice  of  good  order  and  military 
discipline. " 

Specification. — "In  this,  that  the  said  Private  Wellington  G.  Mc- 
Burney,  Company  A,  Twentieth  Infantry,  did  steal  from  members 
of  his  company,  various  articles  of  value,  to-wit:  one  valise,  two 
pairs  shoes.  This  ut  Baton  Rouge,  La.,  on  the  Twentieth  day  of 
July,  1868." 


3 

PLEA. — To  the  Specification  to  First  Charge. — "Not  Guilty." 
To  the  First  Charge. — "  Not  Guilty." 
To  the  Specification  to  Second  Charge.  —  "Not  Guilty." 
To  the  Second  Charge. — "  Not  Guilty." 

FINDING. — Of  the  Specification  to  first  Charge. — "  Guilty,  except 
the  words  '  did  desert '  substituting  therefor  the  words,  was  absent 
from." 

Of  the  First  Charge. — "Not  Guilty,  but  Guilty    of  ab- 
sence without  leave." 

Of  the  Specification lo  Second  Charge.— "Not  Guilty." 
Of  ihe  Second  Charge. — "Not  Guilty." 

SENTENCE. — "To  forfeit  twelve  dollars  of  his  monthly  pay  per 
mouth  for  two  months." 


II.  Before  a  General  Court  Martial  which  convened  at  Green- 
\ilie,  Louisiana,  by  virtue  of  Paragraph  1,  Special  Orders  No.  157, 
dated  Headquarters,  Fitth  Military  District,  New  Orleans,  Louisiana, 
July  16,  1868,  and" of  which  Brevet  Brigadier  General  W.  M.  Gra- 
ham, Captain,  First  Artillery,  is  President,  were  arraigned  and  tried: 

1.     Corporal  Lons  KUHN,  Company  F,  First  lulautry. 

CHAKGK  IST. — "Robbery,  to  the  prejudice  of  good  order  and  mil- 
itary discipline." 

Specification. — "In  this,  that  Corporal  Louis  Kuhn  (then  private,) 
of  Company  F,  First  Infantry,  did,  on  or  about  the  Seventeenth  day 
of  January,  1868,  at  Jackson  Barracks,  Louisiana,  in  conjunction 
with  Private  Joseph  C.  ilitchey,  Company  F,  First  Infantry,  feloni- 
ously and  violently,  take,  steal,  carry  away  and  appropriate  to 
his  own  use  the  sum  of  five  dollars,  legal  currency  of  the  United 
States,  the  property  of,  and  from  the  person,  and  against  the  will  of 
Private  William  H:  Proctor." 

CHARGE  2o. — "Larceny,  to  the  prejudice  of  good  order  and  mil- 
itary discipline." 

Specifica/ion. — "In  this,  that  Corporal  Louis  Kuhn,  Company  F, 
First  Infantry,  at  Jackson  Barracks,  Louisiana,  on  or  about  the 
Twenty-fourth  day  of  May,  1808,  did,  in  conjunction  with  Private 
Joseph  C.  Kitchey  of  Company  F,  First  Infantry,  feloniously  take, 
steal,  carry  away  and  appropriate  to  his  own  use  the  sum  of 
twenty-eight  dollars  and  seventy-five  cents,  legal  currency  of  the 
United  States,  ihe  property  of  Private  Daniel  O'Keefe  of  Company 
F,  First  Infantry.  This  while  the  said  Private  Daniel  O'Keefe  was 
asleep  in  his  bunk. " 

PLEA.  —  To  the  Specification  of  the  First  Charge. — "  Not  Guilty." 
To  the  First  Charge — "Not  Guilty." 


To  Ih9  Spieifioiiio  t'of  Second  C/iirge.—"  Not  Guilty." 
To  the  Second  Charge.— "Not  Guilty." 

FINDING.- Gf  the  Specification  of  the  First  Charge.—  '•  Guilty,  ex- 
cept so  much  as  charges  him  with  committing  an  assault." 
Of  the  First  Charge.— "Guilty." 
Of  the  Specification  of  the  Second  Charge.—"  Guilty." 
Of  the  Second  Charge. — "  Guilty." 

SENTENCE.— "To  forfeit  to  the  United  States  all  pay  that  may 
be  or  may  become  due  him;  to  be  dishonorably  discharged  the  ser- 
vice of  the  United  States;  then  to  be  confined  at  hard  labor  at  such 
place  as  the  Commanding  General  may  designate  for  the  period  c 

two  years." 

2.     Private  LEONABD  MILLEB,  Light  Battery  K,  First  Artillery. 

CHARGE,—"  Sleeping  on  post." 

Specification.— "In  this,  that  he,  Private  Leonard  Miller,  Lighl 
Battery  K,  First  Artillery,   being  a  member  of  the  Battery  K,  First 
Artillery,  and  being  a  member  of  the  Battery  Guard,  duly  niountec 
at  Sedgwick  Barracks,  Louisiana,  on  the  Twelfth  day  of  July  1868, 
and  having  been  duly  posted  as  a  sentinel,  did  lie  down  aud  sleep, 
and  did  remain  in  that  condition  until  awakened  by  the  Buttery  Offi- 
cer of  the  Day.     This  at  or  near  Greenville,  Louisiana,  July  13, 
1868,  between  the  hours  ot  1,  A.  M.  and  2,  A.  M. 
PLEA.— To  the  Specification.—"  Guilty." 

To  the  Charge.— "Guilty." 
FINDING.— Of  the  Specification.—"  Guilty." 

Of  the  Charge.— "Guilty." 

SENTENCE.— "To  forfeit  to  the  United  States  ten  dollars  of  his 
monthly  pay  for  six  months,  and  to  be  confined  at  hard  labor  in 
charge  of  the  guard  for  the  same  period." 

3.     Private  JOHN  SHEA,  Company  K,  First  Infantry. 
CHAKGE.— "Highly  insubordinate  conduct,  to  the  prejudice  of 
good  order  and  military  discipline." 

Specification.-"  In  this,  that  Private  John  Shea,  Company  K,  First 
Infentry,  did  assault  with  a  knife,  strike  at  aud  cut,  with  intent  t. 
kill,   Private   Michael   Leadtham,    of  Company  K,   at  or  about   4 
o'clock,   P.   M.,   on  the  Twenty-eighth  day  of  July,  1868.     This  at 
Sedgwick  Barracks,  Greenville,  Louisiana,   on  or  about  the  above 

date. " 

PLEA.— (Not  recorded.) 

FINDING.— Of  the  Specification.— "  Guilty,    except  the  words  'as- 
sault,' 'strike  at'  and  '  with  intent  to  kill.'  " 
Of  the  Charge. — "  Guilty." 

SENTENCE.—"  To  forfeit  ten  dollars  of  his  monthly  pay  per  month 
for  the  period  of  six  months,  aud  to  be  confined  at  hard  labor  in 
charge  of  the  guard  for  the  same  period." 


4.  Sergeant  CHABLES  DEXGAS,  Company  G,  First  Infantry. 
CHARGE. — "Knowingly  and  wrongfully  disposing  of  Government 

property,  to  the  prejudice  of  good  order  and  military  discipline. '' 

Specification  Ftrst. — "In  this,  that  he,  Sergeant  Charles  Dengas, 
Company  G,  First  Infantry,  while  on  duty  at  the  New  Orleans  Mil- 
itary Prison,  New  Orleans,  Louisiana,  did  take  and  carry  away  from 
the  said  military  prison,  articles  of  subsistence,  to-wit:  flour,  ba- 
con, pork,  shoulders,  &c.,  the  same  Having  been  drawn  by  First 
Lieutenant  Daniel  F.  Callinan,  First  Infantry,  commanding  the 
prison,  for  the  sub;  istence  of  the  guard  and  prisoners  of  the  said 
prison,  and  wrongfully  sell  or  otherwise  dispose  of  the  same.  All 
this  at  New  Orleans,  Louisiana,  during  the  months  of  April,  May, 
June  and  July,  18(38." 

Specification.  Second. — In  this  that  the  said  Sergeant  Charles  Dengas, 
Company  G,  First  Infantry,  while  on  duty  at  the  military  prison, 
New  Orleans,  Louisiana,  did  take  prisoners  out  of  their  cells  at 
night,  contrary  to  the  rules  and  regulations  of  said  prison,  for  the 
purpose  of  carrying  away  therefrom  articles  of  subsistence  stores, 
to-wit:  flour,  bacon,  shoulders,  &c.,  which  the  said  Sergeant 
Charles  Dengas,  Company  G,  Hrst  Infantry,  wrongfully  disposed  of. 
All  this  at  New  Orleans,  Louisiana,  during  the  months  of  May, 
June  and  July,  1808." 

PLEA.  —  To  the  First  Specification. — "Not  guilty." 

To  the  Second  Specification. — "Not  Guilty." 
To  the  Chanje. — "Not  Guilty. "       ,  4 

FINDING. — Of  the  First  Specification. — "  Guilty,  excepting  the  words 
knowingly  and  wrongfully." 

Of  the  Second  Specification. — "  Guilty,    excepting   the 
words  wrongfully  disposed  ot  the  same." 
Of  Lie  Uharye.- — "  Not  guilty." 

"  And  the  Court  does  therefore  acquit  him." 

5.  Private  HICHAKD  WAYNE,  Company  K,  First  Infantry. 
CHAKGE. — "Neglect  of  duty,  to  the  prejudice  of  good  order  and 

military  discipline. " 

Specification.—"  In  this,  that  he,  Private  Kichard  Wayne,  Company 
K,  First  Infantry,  after  being  duly  posted  as  sentinel  No.  1,  at  the  bat- 
talion guard  house,  and  being  instructed  not  to  permit  any  prison- 
ers to  leave  the  guard  house  without  a  sentinel  accompanying  them, 
did  suffer  two  prisoners,  Private  William  Welden,  Company  13,  and 
Private  Edward  Munn,  Company  A,  to  escape  from  said  guard 
house.  This,  at  Greenville,  La.,  on  or  about  the  sixteenth  of 
August,  between  the  hours  of  eight  and  nine  o'clock,  P.  M.': 

PLEA.  —  To  the  Specification. — "  Not  guilty. " 
To  the  Ckanje. — "Not  Guilty." 


F/NDINO. — Of  the  Specification.  — "Not  Guilty. " 

Of  the  Charge.—"  Not  Guilty." 
"  And  the.  Court  does  therefore  acquit  him." 


IIL     The  proceedings  and  findings  in  the  cases  of — 

Private  Thomas  (j'Toole,  Company  E,  Twentieth  Infantry, 
"        George  Peters,  "  I,  "  " 

"        James  Watson,  "          A,  "  " 

"        Wellington  G.  McBurney,      "  Twentieth  Infantry, 
are  approved.     The  sentences  are  confirmed,  and  will  be  duly  exe- 
cuted. 

The  proceedings,  fi  ndings  and  acquittal  in  the  case  of  Private 
Richard  Wayne,  Company  K,  First  Infantry,  are  approved.  He  will 
be  released  from  confinement  and  restored  to  duty. 

The  proceedings  in  the  case  of  Private  John  Shea,  Company  K, 
First  Infantry,  are  disapproved,  for  the  reason  that  the  record  does 
not  show  that  the  accused  was  allowed  to  plead.  The  Commanding 
General  is  loath  to  believe  that  the  Court  refused  to  accord  this  right 
to  the  prisoner,  but  is  rather  of  the  opinion  that  the  Judge  Advo- 
cate neglected  to  record  this  important  proceeding  of  the  trial.  He 
will  be  released  from  confinement  and  restored  to  duty. 

The  proceedings  in  the  case  of  Sergeant  Charles  Deugas,  Com- 
pany G,  First  Infantry,  are  disapproved.  The  officer  who  preferred 
the  charges  was  a  member  of  the  Court,  and  at  the  proper  time  was, 
for  that  reason,  objected  to  by  the  accused,  The  Court  overruled 
the  objection,  and  the  record  does  not  show  that  the  challenged 
member  stated  that  he  had  no  knowledge  of  the  facts  of  the  case,  or 
that  he  had  signed  the  charges  by  direction  of  his  superior  officer. 
Had  there  been  a  sentence  this  proceeding  would  have  been  fatal  to 
its  validity.  "  One  who  signs  the  charges  is  prima  facie  an  accuser, 
and  may  be  rejected  as  a  member  of  the  Court,  on  challenge.  But 
when  the  officer  who  subscribed  the  charges,  stated  to  the  court  that 
he  had  no  knowledge  of  the  facts  of  the  case,  and  that  his  name 
had  been  appended  by  order  of  his  superior  officer,  held  that  his  be- 
ing allowed  to  sit  as  a  member,  though  objected  to,  did  not  affect 
the  validity  of  the  proceedings."  (Digest  of  ihe  (>}ji-<ions  of  (he 
Judge  Advo  ale  General,  page  31.)  The  findings  and  acquittal  are 
approved.  The  accused  will  be  released  from  arrest  and  restored  to 
duty. 

The  proceedings  in  the  case  of  Private  Leonard  Miller,  Light  Bat- 
tery K,  First  Artillery,  are  disapproved,  for  the  reason  that  the  rec- 
ord does  not  show  that  the  Court  was  cleared  for  deliberation  upon 


its  findings  and  sentence.     He  will  be  released  from  confinement 
and  restored  to  duty. 

The  proceedings  in  the  case  of  Corporal  Louis  Kuhn,  Company  F, 
First  Infantry,  are  approved.  The  findings  are  disapproved  Of  the 
specification  to  the  first  charge  the  Court  find  "Guilty,  except  so 
much  as  charges  him  with  committing  an  assault."  No  assault  is 
alleged  in  the  specification,  but  it  is  obvious  that  the  court  intended 
by  this  finding  to  except  that  part  of  the  specification  which  alleges 
violence.  In  so  doing,  the  Court  took  from  the  indictment  the  ele- 
ment which  constituted  the  offence,  as  charged — robbery.  There 
can  be  no  robbery  without  violence  or  putting  in  fear,  and  the  Court 
having  found  not  guilty  of  the  violence  charged,  the  specification 
supports  only  a  charge  of  larceny.  The  true  finding,  therefore,  for 
the  Court,  upon  the  charge,  as  it  viewed  the  evidence,  was,  not  guilty 
of  robbery,  but  guilty  of  larceny  (or  conduct)  to  the  prejudice  of 
good  order  and  military  discipline.  But  upon  a  careful  reading  of 
the  record,  it  does  not  appear  that  there  is  sufficient  evidence  to 
warrant  a  conviction  upon  either  of  the  charges .  The  sentence  is 
therefore  disapproved.  The  accused  will  be  released  from  arrest 
and  restored  to  duty. 


IV.  The  General  Court  Martial,  convened  by  Special  Orders  No. 
157  and  158,  dated'  Headquarters,  Fifth  Military  District,  New  Or- 
leans, La.,  July  16th  and  17th,  1808,  and  of  which  Brevet  Brigadier 
General  William  M.  Graham,  Captain,  First  Artillery,  is  President,  is 
hereby  dissolved. 

BY  COMMAND  OF  BltKVKT  M.AJOII  GENERAL  L.  H.  KOUSSEAU: 

THOS.  H.  NEtLL, 

Major,  Twentieth  Infantry,  Brevet  Brigadier  General,  U.  S.  A., 
OFFICIAL:  Acting  Assistant  Adjutant  General. 


Sec.  Lieut.,  Thirty-seventh  Inf.,  Bvt.  First  Lieut.,  U.  S.  A., 
Acting  Assistant  Adjutant  General. 


HEADQUARTERS,  DEPARTMENT  QF  LOUISIANA, 

GENERAL _ OKDMS  j  New  Orleans,  La.,  Sept.  29,  1868. 

Before  a  Garrison  Court  Martial  which  convened  at  the  post  of 
Fort  Smith,  Ark.,  of  which  Captain  Robert  Ayres,  Nineteenth  In- 
fantry, was  President,  were  arraigned  and  tried: 

Artificer  Charles  W.  Moffit,  Company  K,  Nineteenth  Infantry, 

Private  John  Fastleband,  "          "  "  " 

"       Nicholas  Coogan,  "         E,          "  " 

"        Charles  Matney,  "          F,  "  " 

"       Louis  Moyer,  "         A,          "  'c 

Sergeant  Eckbert  Grone,  "         E,          "  " 

Corporal  Dennis  M.  Carroll,         "          A,  "  " 

The  records  having  been  forwarded  to  the  Department  Command- 
er, for  his  supervision,  in  compliance  with  Paragraph  898,  Revised 
Regulations,  the  proceedings  in  the  cases  of — 

Artificer  Charles  W.  Moffit,  Company  K,  Nineteenth  Infantry, 

Private  John  Fastleband,  "          "  "  " 

"       .Nicholas  Coogan,  "        E,  "  " 

are  set  aside  for  the  reason  that  it  is  not  shown  that  the  Court  was 
sworn  in  presence  of  1he  accused. 

The  proceedings  in  the  cases  of — 

Private  Charles  Matney,  Company  F,  Nineteenth  Infantry,  and 

"        Louis  Moyer,  "        A,  "  " 

are  set  aside  on  account  of  variance  in  the  names,  (as  recorded, ) 
of  the  accused.  In  the  specifications  they  are  respectively  Charles 
iMatuey,  Louis  Moyer;  in  the  sentences  Charles  Matny,  I  eicis  Moyer. 

In  the  cases  of  Sergeant  Eckbert  Grone,  Company  E,  and  Corporal 
Dennis  M.  Carroll,  Company  A,  Nineteenth  Infantry,  the  sentences 
are  "to  be  reduced  to  the  ranks  us  a  private  sentinel.  '  The  absurdity 
of  such  a  sentence  is  apparent  without  comment.  It  is  presumed 
that  it  was  the  intention  of  the  Court  that  the  accused  should  be 
reduced  to  the  grade  of  private,  and  it  should  have  been  so  expressed. 
The  proceedings  are  set  aside. 

Officers  who  review  the  proceedings  of  Garrison  and  Regimental 
Courts  should  perform  that  duty  with  the  most  scrupulous  care. 

However  merited  the  punishment  contemplated  by  the  Court,  if 
the  requirements  of  the  law  are  not  complied  with  on  the  trial,  or  in 
recording  the  proceedings,  the  sentences  cannot  be  lawfully  executed. 

If  fatal  irregularities  are  overlooked  by  the  reviewing  uu.hority,  as 
has  been  done  in  these  cases,  and  the  sentences  confirmed,  the  ex- 
ecution of  the  same  will  have  commenced,  and  in  s<  me  instances 
been  completed,  before  the  records  can  reach  the  Department  Com- 
mander, and  the  proceedings  be  by  him  set  aside. 
BY  COMMAND  OK  BKKVET  M.AJOK  GEXEIIAL  Liff  i  Itcu  ~  r  UT. 

£HOS. 

HJor,  Twentieth  Infantry,  Bre\ISf'Brigailier  General,  U.|$.  A., 


S/c.  Lieut.,  Tliirty-spvenUi   Inf.,  Bvt.  First  Lieut.,  U.  S.  A., 
Actmg  Assistant  Atljulanl  lieueral. 


HEADQUARTEFS,  DEPARTMENT  OF  LOUISIANA, 

New  Orleans,  La.,  Oct.  6,  1868. 

I.  Before  a  General  Court  Martial  which  convened  at  Baton 
Bonge,  La.,  by  virtue  of  Paragraph  3,  Special  Orders,  No.  115,  dated 
Headquarters,  Fifth  Military  District,  New  Orleans,  La.,  May  26th. 
1868,  and  of  which  Brevet  Major  General,  George  Sykes,  Colonel, 
Twentieth  Infantry,  is  President,  were  arraigned  and  tried: 

1.  Private  CHARLES  E.  JONES,  Company  K,  Twentieth  Infantry. 
CHARGE. — "  Desertion." 

Specification.  — "  In  this,  that  he,  Private  Charles  E.  Jones,  Com- 
pany K,  Twentieth  Infantry,  having  been  duly  enlisted  in  the  ser- 
vice of  the  United  States,  did  desert  the  same,  on  or  about  the 
Thirty-fir.at  day  of  May,  18(58,  and  did  remain  absent  until  appre- 
hended at  New  Orleans,  La.,  on  or  about  the  Second  day  of  June, 
1868.  Thirty  dollars  reward  paid  for  his  apprehension.  This  at 
Batun  Rouge,  La.,  on  or  about  the  Thirty-first  day  of  May,  1868." 

PLEA. — To  lite  Specification. — "Guilty." 
To  the  Charge. — "  Guilty." 

FINDING. — Of  the  Specification  — "Guilty." 
Of  tlis  Charge.— "Guilty." 

SENTENCE. — "To  be  dishonorably  discharged  and  drummed  out 
of  the  service  of  the  United  States;  to  forfeit  all  pay  and  allowan- 
ces now  due  or  that  may  become  due  him;  to  be  indelibly  marked 
on  the  left  hip  with  the  letter  '  D '  three  inches  long;  and  to  be  con- 
fined at  hard  labor  at  such  military  prison  as  the  Commanding  Gen- 
eral may  designate  for  three  years  " 

2.  Private  JOHN  L  .NCH,  Company  K,  Twentieth  Infantry. 
LH.VRGE. — "Desertion." 

Specification.  — "  In  this,  that  he,  Private  John  Lynch,  Company 
K,  Twentieth  Infantry,  aaving  been  duly  enlisted  in  the  service  of 
the  United  States,  did  desert  the  same  on  or  about  the  Eighteenth 
day  of  August,  1868,  and  did  remain  absent  until  apprehended  on 
or  about  the  Nineteenth  day  of  August,  1868.  Thirty  dollars  reward 
paid  for  his  apprehension.  This  at  Baton  Rouge,  La.,  on  or  about 
Eighteenth  day  of  August,  1868." 

PLEA. — To  the  Specification. — "Not  Guilty." 
To  (hi  Charge.—11  Not  Guilty." 

FINDING. — Of  the  Specification. — "Guilty." 
Of  the  Cha.'-ge.—"  Guilty. " 

SENTENCE. — -"To  be  dishonorably  discharged  and  drummed  out 
of  the  service  of  the  Urited  States;  to  forfeit  all  pay  and  allowances 


that  are  now  or  may  become  due  him;  to  be  indelibly  marked  on 
the  left  hip  with  the  letter  '  D  '  three  inches  long:  and  to  l>u  confined 
at  hard  labor  at  .such  military  prison  as  the  Commanding  General 
may  designate  for  three  years. " 

3.  Private  AMOS  WEIMER,  Company  I,  Twentieth  Infantry. 
CHARGE. — "  Desertion." 

Specification . — "In  this,  that  he,  Private  Amos  Weimer,  Com- 
pany I,  Twentieth  Infantry,  having  been  duly  enlisted  as  a  soldier 
in  the  United  States  Army,  did  desert  the  same  service  from  Mon- 
roe, Ouachita  Parish,  La.,  on  or  about  the  Twenty-fourth  day  of 
April,  1867,  and  did  remain  absent  therefrom,  until  on  or  about  the 
Seventh  day  of  August.  1868,  when  he  was  apprehended  near  Lake 
Providence,  Can-oil  Parish,  La.  Thirty  dollars  paid  for  his  appre- 
hension. " 

PLEA. — To  the  Specification. — "  Guilty." 
To  the  Chanje.—"  Guilty." 

FINDING. — Of  the  Specification. — "Guilty." 
Of  the  Charge. — "Guilty." 

SENTENCE. — "To  have  his  head  shaved  and  be  dishonorably  dis- 
charged and  drummed  out  of  the  service  of  the  United  States;  to 
forfeit  all  pay  and  allowances  that  are  now  or  may  become  due  him; 
to  be  indelibly  marked  on  the  left  hip  with  the  letter  '  D  '  three 
inches  long;  and  to  be  confined  at  hard  labor  at  such  military  pris- 
on as  the  Commanding  General  may  designate  for  three  years. " 

4.  Private  ALEXANDER  SWEENEY,  Company  I.  Twentieth  Infantry. 
CHAHGE  IST. — "Desertion." 

Specification. — "In  this,  that  he,  Private  Alexander  Sweeney, 
Coo'.pany  I,  Twentieth  Infantry,  having  been  duly  enlisted  as  a  sol- 
dier in  the  United  States  Army,  did  desert  the  said  service  at  Lake 
Providence,  Carroll  Parish,  La.,  on  the  Seventh  day  of  August,  1868, 
and  did  remain  absent  therefrom,  until  apprehended  near  Lake 
Providence,  Carroll  Parish,  La.,  on  the  Eighth  day  of  August, 
1868." 

CHARGE  2o. — "Conduct  to  the  prejudice  of  good  order  and 
military  discipline." 

Specification,  —"In  this,  that  he,  Private  Alexander  Sweeney,  Com- 
pany I,  Twentieth  Infantry,  did  sell,  barter,  or  exchange  lor  civilian's 
clothing,  one  flannel  blouse,  one  pair  of  trousers,  one  forage  cap, 
the  property  of  the  United  States.  This,  at  Lake  Providence,  Car- 
roll Parish,  La.,  on  or  about  the  Eighth  day  of  August,  1868." 

PLKA.  —  To  the  Spr^fiwHonqf  First  6Vm;e.  — "Guilty." 
To  the  First  Chnrnr. — "  Guilty." 
To  the  Specific'dion  of  Second  Charge. — "  Not  Guilty." 
To  the  Second  Charge. —  '•'  Not  G'.'iltj." 


3 

FADING.— Of  the,  Specification  io  First  Charge. — "Guilty." 
Of  the  First  Charge.— "Guilty1'  * 

Of  the  Specification  to  Second  Charge. — "Guilty." 
Of  the  Second  Cnarge. — "  Guilty." 

SENTENCE. — "  To  have  his  head  shaved,  and  be  dishonorably  dis- 
charged and  drummed  out  of  the  service  of  the  United  Stages  ;*to  for- 
feit all  pay  and  allowances  now  due  or  that  may  become  du$  him ; 
to  be  indelibly  marked  on  the  left  hip  with  the  letter  'D,'  three 
inches  long;  and  to  be  ( onfined  at  hard  labor  at  such  military  prison 
as  the  Commanding  Ge^ral  majfc  designate  for  three  years." 

5.  Private  JOHN  HtirEy,  Company  I,  Twentieth  Infantry. 
CHARGE.  —  "  Desertion." 

>•  ptciftcation. — "  In  this,  that  he,  Private  John  Henry,  Company  I, 
Twentieth  Infantry,  having  been  duly  enlisted  as  a  soldier  in  the 
service  of  the  United  States,  did  d«  sert  said  service  at  Monroe,  La., 
on  or  about  August  24,  1867,  and  did  remain  absent  until  appre- 
hended at  Yicksburg,  Miss.,  ou  or  about  September  5th,  1868. 
Thirty  dollars  paid  for  his  apprehension  " 

PLEA. — To  the  Specification. — •"  Guilty." 
To  the  Cha-ge. — "Guilty." 

FINDING. — Of  the  Specification. — "  Guilty. " 
Of  the  Clung" "Guilty." 

SENTENCE. — "  To  huvt<  his  head  shaved  and  to  be  dishonorably  dis- 
charged and  drummed  :>ut  of  the  service  of  the  United  States;  to 
forfeit  all  pay  and  allowances  now  due  or  that  may  become  due  him; 
to  be  indelibly  marked  on  the  left  hip  with  the  letter  'D,'  three 
inches  long;  and  to  be  c  >nfined  at  hard  labor  at  such  military  prison 
as  the  Commanding  General  may  designate  for  three  years." 

6.  Private  HENEY  MILLER,  Company  E,  Twentieth  Infantry. 
CHARGE  —  "Desertioi.." 

Specification. — "  In  this,  that  hu,  the  said  Henry  Miller,  a  duly  en- 
listed soldier  in  the  service  of  the  United  Ftates,  did  desert  the  same 
at  Camp  Grant,  Va. ,  August  2d,  1 866,  and  did  remain  absent  until 
apprehended  at  Lynchburg,  Va.,  on  or  about  April  17th,  1868, 
Thirty  dollars  reward  paid  for  his  apprehension. 

PI.EA. — To  the  Specification. — "Guilty." 
To  the  Charge. — "  G  uilty . ' ' 

FINDING. — Of  the  Specification. — "Guilty." 
Of  the  CJiarge. — ""Guilty." 

SENTENCE. — •  '•  To  have  his  head  shaved  and  be  dishonorably  dis- 
charged and  drummed  out  of  the  service  of  the  United  States;  to 
forfeit  all  pay  and  allowances  now  due,  or  that  may  become  due 
him;  to  be  indelibly  marked  on  the  left  hip  with  the  letter  'D,' 


three  inches  long;  and  to  be  confined  at  hard  labor  at  such  military 
prison  as  the  Commanding  General  may  designate  for  three  years." 


II.     The  proceedings   and  findings  in  the  foregoing  cases  are  ap- 
proved.    The  sentences  are  confirmed,    and  will  be   duly  executed. 
Ship  Island,  Miss.,  is  designated  as  the  place  of  confinement. 
BY  CoiiMANiJ  OF  BHUVET  MAJOR  GENERAL  L.  H.  ROUSSEAU  : 

LOS.  H.  NEIKL, 

3or,  Twentieth  Infantry.  Brevet  Brigadier  General,  U.  S.  A., 
OFFICIAL i^  — /  Acting  Assistant  Adjutant  General. 


'Sec.  Lieut.,  Thirty-s«-venth  Inf.,Bvt.  i'»rst  Lieut 
Acting  Assistant  Adjutant  General. 


HEADQUARTERS,  DEPARTMENT  OF  LOUISIANA, 

«ENEKAI.  OR:»EKS  |  New  Orleans,  La.,  Oct.  7,  1868. 

I.  The  following  extract  from  General  Orders  No.  78,  Headquar- 
ters of   the  Army,  Adjutant  General's  office,   of  date  September  21, 
1868,  is  published  from  these  Headquarters  for  the  information  and 
action  of  officers  of  this  command: 

"  Department  Commanders  will  report  to  the  Adjutant  General  of  the  Army 
with  a  view  to  their  being  brought  before  a  Retiring  Board,  the  cases  of  all 
officers  in  their  Departments  who  are  incapacitated  for  active  service. 

"  Habitual  intemperance,  frequenting  gambling  houses,  and  other  vicious 
habits  which  disqualify  an  officer  for  the  proper  discharge  of  active  military, 
duties,  or  make  him  habitually  neglectful ;  and  in  general,  any  cause  which  in 
the  opinion  of  the  Department  Commander  renders  an  officer  palpably  in- 
efficient and  unfit  for  the  military  service,  will  be  regarded  as  proper  subjects 
for  the  consideration  and  report  of  the  Retiring  Board. 

"The  report  of  the  Department  Commander  in  each  case  should  contain  a 
specific  statement  of  facts  and  the  names  of  witnesses  to  prove  them." 

II.  All  officers,  belonging  to  regiments  and  detachments  serving 
in  the  Department  of  Louisiana,  who  may  be  affected  by  the  above 
order,  will  be  reported  to  these   Headquarters,   through   the  Head- 
quarters  of   Districts,  by   the   commanding   officers  of  such   regi- 
ments or  detached  companies;  these  reports  t )  be  accompanied  by 
a  specific  statement  of  facts,  in  each  case,  and  the  names   of  wit- 
nesses in  proof. 

BY  COMMAND  OF  BUEVF.T  MAJOH  GICNEKAL  L.  H.  ROUSSEAU: 

FHOS.  H.  NETLL, 

Twentieth  Infantry,  BreWt  Brigadier  General,  U,.  S.  A., 
OFFICIAL:/       , — '  Acting  Assistant  Adjutant  General. 


;.  Lieut.,  Thirty -seventh  Inf.,  Bvt.  First  Lieut.,  U.  S.  A., 
Acting  Assistant  Adjutant  General. 


HEADQUARTERS,  DEPARTMENT  OP  LOUISIANA, 

Orleans,  La.,  Oct.  7,  1868. 


Before  a  Garrison  Court  Martial  which  convened  at  the  post  of 
Fort  Smith,  Arkansas,  of  which  Brevet  Major  Thomas  Cummings, 
Captain,  Nineteenth  Infantry,  is  President,  was  arraigned  and  tried 
Quartermaster  Sergeant  Sidney  W.  Garratt,  Company  H,  Nineteenth 
Infantry. 

The  accused  was  sentenced  "to  be  reduced  to  the  ranks  as  a 
private  sentinel;  and  to  forfeit  to  the  United  States  five  dollars  of 
his  monthly  pay  for  one  month."  The  record  was'forwurded  by  the 
reviewing  officer  to  the  Department  Commander  for  his  supervision, 
in  compliance  with  Paragraph  898,  Revised  Regulations. 

The  absurdity  of  the  first  part  of  this  sentence  has-been  hereto- 
fore remarked  upon  in  General  Orders,  and  the  Commanding  Gen- 
eral trusts  that  such  an  one  will  not  again  come  before  him  for 
confirmation.  Re  lucid  to  the  <jra<ie  of  private,  is  the  accurate  expres- 
sion of  the  will  of  the  Court  in  such  cases.  But  under  the  ruling 
of  the  Judge  Advocate  General,  (Digest,  page  29,  sedio'i  <>,)  a  Gar- 
rison or  Regimental  Court  cannot  sentence  a  non-commissioned 
officer  to  be  reduced  where  the  effect  of  such  sentence  will  be  to 
deprive  him  of  more  than  one  mouth's  pay.  The  record  in  all  such 
cases,  therefore,  must  be  accompanied  by  evidence  showing  the  date 
of  expiration  of  the  soldier's  enlistment.  In  the  present  case,  if 
the  accused  had  longer  than  three  months  and  three-quarters  to  serve, 
the  sentence  would  be  illegal,  since  it  would  result  in  his  forfeiture 
of  more  than  twenty  dollars  —  his  pay  per  mouth  at  the  date  of  his 
reduction.  So  much  of  the  sentence  in  the  case  of  Quartermaster 
Sergeant  Garratt  as  provides  that  he  be  reduced  to  the  ranks  is, 
for  the  foregoing  reasons,  disapproved,  and  will  not  be  executed. 

BY  COMMAND  OF  BKKVKT  MAJOK  GEXEUAL  L.  H.  ROUSSEAU: 

H.  NELLL, 

)r,  Twentieth  InfantiA',  Breve\  Brigadier  General,  U.  S.  A., 
OFFICIAL:/'        /  Actiuir  At 


:c.  Lieut.,  Thirty-seventh  luf.,  Bvt.  First  Lieut.,  U.  S.  A., 
Acting  Assistant  Adjutant  Gem-nil. 


HEADQUAKTERS,  DEPARTMENT  OP  LOUISIANA, 

GENENo!"?9KUEUSl  New  Orleans,  La.,  Oct.  12,  1868. 

1.  Betore  u  General  Court  Martial  which  convened  at  the  post  of 
Washington,  Arkansas,  by  virtue  of  Paragraph  2,  Special  Orders 
No.  7,  current  series,  from  these  Headquarters,  and  of  which  Brevet 
Colonel  C.  C.  Gilbert,  Lieutenant  Colonel,  Twenty-eighth  Infantry, 
is  President,  were  arraigned  and  tried: 

•1.  Musician  JOHN  G.  HENDEK,  Company  K,  Twenty-eighth  In- 
fantry. 

CHARGE  IST. — "  Absence  without  leave." 

Specification. — "In  this,  that  he,  Musician  John  G.  Render,  Com- 
pany K,  Twenty-eighth  Infantry,  did,  without  proper  authority, 
absent  himself  from  his  company  and  post  at  retreat  roll-call,  on 
June  27th,  1868.  This  at  or  near  Washington,  Arkansas,  on  or 
about  June  27th,  18l>8.': 

CHARGE  2o. — "Conduct  to  the  prejudice  of  good  order  and  military 
discipline." 

Specification  Fird. —  "In  this,  that  he,  Musician  John  G.  Heuder, 
Company  K,  Twenty-eighth  Infantry,  did  run  along  the  streets  of 
Washington,  Arkansas,  \vith  a  club  in  his  hand,  and  did  knock  down 
what  .freedmen  he  met,  to-wit:  Anthony,  at  E.  K.  Williamson's, 
Frank  llice  and  Isaac  Nolen,  without  any  just  cause  or  provocation 
whatever;  and  did  use  the  most  obscene  language  on  the  public 
streets  and  in  public  houses,  to-wit:  He  called  one  Mr.  Williams,  a 
citizen  clerk  iu  Max  Parker's  store,  '  a  damned  lying —  — ;' 

this  in  presence  of  a  great  many' citizens.  All  this  at  or  near  Wash- 
ington, Arkansas,  on  or  about  the  Twenty-seventh  day  of  June, 
18(58." 

Specification  Second. — -"In  this,  that  he,  Musician  John  G,  llender, 
Company  K,  Twenty-eighth  Infantry,  did  go  into  the  auction  room 
of  Max  Parker,  and  did  interrupt  the  sale  by  bidding  on  articles; 
and  when  they  were  knocked  down  to  him,  he  would  and  did  tell 

the  auctioneer  to  ' ,'  and  did  behave   himself  in    a  most 

drunken,  disorderly  and  disgraceful  manner.  All  this  at  or  near 
Washington,  Arkansas,  on  or  about  the  Twenty-seventh  day  of 
June,  1868." 

PLKA. —  To  Hie  Specification  of  First  Charge—"  Guilty." 
To  the  First  Charge — "Guilty." 

To  the  First  Specification  of  Second  Churye — -"Not  Guilty." 
To  the  Second  Specification  of  Second  C'harye —  "Not  Guilty." 
To  the  Second  Charge — "Not  Guilty." 


.  —  Of  the  Specification  of  First  Charge — "Guilty." 
Of  the  First  Charge — "Guilty." 

Of  the  First  Specifica'ion  of  Second  Charge—' '  Not  Guilty. " 

Of  the  Second  Specification  of  Second  Charge — "Guilty, 

except  the  words,   '  and  when  they  were  knocked  down  to  him  lie 

would  and  did  tell  the  auctioneer  to .'  " 

Of  the  Second  Charge — "  Guilty.1' 

SENTENCE. — "To  forfeit  to  the  United  States  five  dollars  of 
his  monthly  pay  for  five  mouths." 

2.     Private  PATRICK  BCBNS,  Company  F,  Twenty-eighth  Infantry. 
CHAEGE  IST. — "Absence  without  leave." 

Specification. — "In  this,  that  he,  Private  Patrick  Burns,  Company 
F,  Twenty-eighth  Infantry,  being  regularly  detailed  on  duty  with 
the  wood  party,  did,  without  proper  authority,  absent  himself  irorn 
the  same  from  the  morning  of  the  24th  of  June,  1868,  to  the  even- 
ing of  the  25th  of  June,  1868.  All  this  at  or  near  Washington, 
Arkansas,  on  or  about  the  Twenty- fifth  clay  of  June,  1868.'' 

CHABGE  2o. — "Conduct  to  the  prejudice  of  good  order  and  mili- 
tary discipline. ' ' 

Specification  First. — "In  this,  that  he,  I'rivate  Patrick  Burns,  Com- 
pany F,  Twenty-eighth  Infantry,  did  go  to  the  house  of  Elizabeth 
Jones,  a  freedwoman,  situated  in  the  woods  near  the  camp  of  a  de- 
tachment of  the  Twenty-eighth  Infantry,  and  by  force  and  violence 
try  to  ravish  the  said  Elizabeth  Jones  and  Harriet  Page,  freedwomen. 
All  this  at  or  near  Washington,  Arkansas,  on  or  about  June  24th, 
1868." 

Specification  Second. — "In  this,  that  he,    Private   Patrick  Burns, 
Company  F,  Twtuty-eighth  Infantry,  did  enter  the  house  known  as 
the  old  freedmen's  hospital,  and  did  assault  therein  a  certain  freed- 
woman named  Mollie  Nash,  and  did  beat,  kick  and  choke  her  in  a 
severe  and  brutal  manner.     All  this  at  or  near   Washington,  Arkan- 
sas, on  or  about  the  Twenty-fourth  day  of  June,  1868." 
FLEA. — To  ihe  Specification  of  First  Charge — "  Noi,  Guilty. " 
To  the  First  Charge — "Not  Guilty." 

To  (lie  First  Specification  of  Second  C/iirge—"  Not  Guilty. " 
1o  the  Second  Specification  of  Second  Charge— ' '  Not  Guilty. ' ' 
To  the  Second  CJiurge — "Not  Guilty." 
FINDING. — Of  the  Specification  of  First  C'hcrge — "Guilty." 
Of  the  First  Charge—  "Guilty." 

Of  the  First  Specification  of  Second    Chary — "Guilty, 
except  the  words,   '  the  said  Elizabeth  Jones  and.'  " 

Of  the  Second  Specification  of  Second  Cfiarge — "  Guilty." 
Of  the  Second  Charge — "  Guilty." 
SENTENCE. — "  To  be  confined  at  hard  labor  at  sue- h  place  as  the 


Commanding  General  may  direct  for  the  period  of  one  month;  and 
forfeit  to  the  United  States  ten  dollars  of  his  monthly  pay  for  five 
months." 

3.  Private  GEOKGE  WILLIS,  Company  F,  Twenty-eighth  Infantry. 
CHARGE — "Absent  without  proper  authority." 

Specification. — "In  this,  that  he,  Private  George  Willis1,  Company 
F,  Twenty-eighth  Infantry,  being  duly  detailed  in  the  Quartermas- 
ter's Department,  did  absent  himself  from  work  and  from  the  garri- 
son the  greater  part  of  the  afternoon  of  the  Fourteenth  day  of  August, 
1SG8,  without  proper  authority.  All  this  at  or  near  Washington, 
Arkansas,  on  or  about  the  Fourteenth  day  of  August,  1868." 

PI.EA.  —  To  the  Specification — "Not  Guilty." 
To  I  heCharge—  "Not  Guilty." 

FINDING.  —  Of  the  Specification — "  Guilty/' 
Of  the  Charge—' '  Guilty. " 

SENTENCE. — "  To  forfeit  to  the  United  States  five  dollars  of  his 
monthly  pay  for  one  month." 

4.  Private  JOHN  A.  CASE,  Company  F,  Twenty-eighth   Infantry. 
CHARGE. — "Conduct   prejudicial     to  good  order     and    military 

discipline." 

Specification. — "  In  this,  that  he,  Private  John  A.  Case,  Company 
F,  Twenty -eighth  Infantry,  having  reported  to  Acting  Assistant 
Surgeon  D.  J.  Evans,  U.  S.  Army,  and  being  ordered  by  said  Act- 
ing Assistant  Surgeon  Evans,  to  take  a  do-e  of  salts,  he,  Private 
John  A.  Case,  Company  F,  Twenty-eighth  Infantry,  did  take  said 
dose  of  salts  from  the  table  or  counter  where  it  had  been  prepared 
for  him,  walked  to  the  door,  threw  the  salts  on  the  ground,  returned 
the  glass  to  the  counter  and  walked  out  of  the  door,  at  the  same 
time  remarking  'you  can't  get  any  of  your  damned  salts  down  me,' 
or  words  to  that  effect.  All  this  at  the  post  hospital  at  Washington, 
Arkansas,  on  or  about  the  Fourteenth  day  of  August,  1868." 
PLEA. —  To  Ike  Specification—"  Guilt}'. " 
To  (lie  Cl.arye — "Guilty.1' 

FINDING. — Of  ihe  Specification — "Guilty,  except  the  words  'from 
the  Garrison.'  " 

Of  ihe  Charge — "  Guilty. " 

SENTENCE. — "  To  forfeit  five  dollars  per  month  of  his  monthly  pay 
for  four  months. " 

5.  Private  LUUWIG  KOHNE,  Company  F,  Twenty-eighth  Infantry. 
CHARGE  IST.  —  "  Conduct  to  the  prejudice  of  good  order  and  military 

discipline. " 

Specification.—  "  In  this,  that  he,  Private  Ludwig  Kohne,  Compa- 
ny F,  Twenty-eighth  Infantry,  being  regularly  detailed  in  the  Quar- 
termaster's Department  as  bricklayer,  and  being  specially  ordered 


by  Lieutenant  Thos.  M.  Wenie,  Twenty-eighth  Infantry,  Acting 
Assistant  Quartermaster,  to  work  on  a  chimney  on  the  bake-house 
at  this  post,  did  fail  to  do  so,  but  went  away  and  stayed  until  arrested 
by  the  guard  sent  after  him.  All  this  at  or  near  Washington,  Ar- 
kansas, on  or  about  the  Fourteenth  day  of  August,  1868. " 
CHARGE  2D. — "Disobedience  of  orders." 

^l>ecification. — "In  this,  that  he,  Private  Ludwig  Kohne,  Com- 
pany F,  Twenty-eighth  Infantry,  being  regularly  detailed  and  put 
on  duty  in  the  Quartermaster's  Department  as  bricklayer,  and  hav- 
ing been  met  loafing  around  the  streets  of  Washington,  Arkansas, 
was  specially  ordered  by  Lieutenant  Thos.  M.  Wenie,  Twenty- 
eighth  Infantry,  Acting  Assistant  Quartermaster — he  bt-iug  in  the 
execution  of  his  legitimate  duty  at  the  time — to  go  to  camp,  and  go 
to  work  on  a  chimney  of  the  bake-house  at  this  post,  that  he  was  in 
a  very  great  hurry  with,  did  fail  to  obey,  but  stayed  away  all  day 
until  he  was  arrested  by  a  guard  sent  after  him.  All  this  on  or 
about  the  Fourteenth  day  of  August,  18G8." 

PLKA. —  To  the  Specification  of  First  Lltunje — "Not  Guilty." 
To  ike  First  Charye.—"  Not  Guilty." 
To  the  Specification  of  the  Second  c'/iarye. — "Not  Guilty." 
To  the  Second  Charge. — "Not  Guilty." 

FINDING. — Of  the  t-'pecijicatiun  of  Firtt   Chanje. — "Guilty,  except 
the  words  'did  remain  away  until  arrested  by  the  guard.'  " 
Of  the  tir<  Charge.—"  Guilty." 
Of  the  Specification  of  Second  Ch'inje. — "  Not  Guilty.'' 
Of  the  Second  Ch-ircje.— "  Not  Guilty." 

SENTENCE. — "To  forfeit  to  the  United  States  five  dollars  per 
mouth  of  his  monthly  pay  for  six  months." 

6.  Private  PETEII  KE. \NEDY,  Company  F,  Twenty-eighth  Infantry. 
CHARGE.  — "Disobedience  of  orders. " 

Specification. — "In  this,  that  he,  said  Private  Peter  Kennedy, 
Company  F,  Twenty-eighth  Infantry,  did — after  having  been  duly 
cautioned  in  company  orders,  published,  not  to  enter  the  company 
kitchen — enter  the  same  without  proper  authority,  and  in  violation 
of  the  lawful  commands  of  his  company  commander.  This,  at 
Washington,  Ark.,  on  or  about  the  Fifteenth  day  ot  July,  1868." 

FINDING. — Of  the  Specification. — "  Not  Guilty." 
Of  the  Charge.— "Not  Guilty." 

"And  does  therefore  acquit  him." 

7.  Private  PATRICK  KOCHE,  Company  F,  Twenty-eighth  Infantry. 

CHAEGE. — "Conduct  to  the  prejudice  of  good  order  and  military 
discipline." 

Specification. — In  this,  that  he,  Private  Patrick  Hot-he,  Company 
F,  Twenty-eighth  Infantry,  being  duly  detailed  and  placed  upon 


duty  as  cook's  police  in  the  kitchen  of  Company  F,  Twenty-eighth 
Infantry,  did  become  so   drunk  as  to  be  totally  unfit  to  perform  his 
duties  as  such.     This,  at  the  post  of  Washington,  Ark.,  on  or  about 
the  Twenty-fourth  day  of  August,  1868." 
PLEA. — To  the  Specification. — "  Guilty." 

To  the  Charge. — "  Guilty." 
FINDING. — Of  the  Specification. — "  Guilty." 

Of  the  Chat  g?.—' '  Guilty. " 
SENTENCE. — "To  forfeit  five  dollars  of  his  pay." 

8.  Private  O.  C.  GUXDERSON,  Company  K,  Twenty-eighth  Infantry. 
CHARGK. — "Absence  without  proper  authority." 
Specification. — In  this,  that  he,  Private  O.  C.  Gundersoii,  Company 

K,  Twenty-eighth  Infantry,  was  absent  from  his  quarters  without 
proper  authority,  between  the  hours  of  ten  o'clock  and  twelve 
o'clock,  P.  M.,  when  the  Officer  of  the  Day  made  his  rounds.  All 
this,  at  or  near  Washington,  Ark.,  on  the  night  of  August  2oth,  18G8. 
PLEA.  —  To  the  Specification. — "Guilty." 

To  the  0/iargs.—"  Guilty.',' 
FINDING. — Lf  the  Specification. — "  Guilty. " 

Of  the  Charge. — "Guilty." 
SENTENCE. — "To  forfeit  five  dollars  of  his  pay." 

9.  Private  JOHN  HOLTON,  Company  F,  Twenty-eighth  Infantry. 
CH.VHGE.  —  "Conduct  to  the   prejudice  of  good  order  and  military 

discipline." 

Specification  First. — •"  In  this,  that  he,  Private  John  Holton,  Com- 
pany F,  Twenty-eighth  Infantry,  did  become  drunk  and  disorderly 
in  the  barracks  of  his  company.  ' 

Specifi'Xdion  Second. — "In  this,  that  he,  Private  John  Holton,  Com- 
pany F,  Twenty-eighth  Infantry,  did  maliciously  destroy  the  property 
of  Myran —  — freedwornan.     All  this,  in  the  barracks  of  Company  F, 
Twenty-eighth  Infantry s  at  the   post   of  Washington,   Ark.,  on  or 
about  the  Twenty-ninth  day  of  August,  18j8." 
PLEA.  —  To  the  First  Specificjtion. —  "Guilty." 
To  the  Second  Specification. — "  guilty. " 
To  the  Cha-ge. — "Guilty." 
FINHING. — Of  the  Fir*t  Specification. — "Guilty." 

Of  the  Second  Specification. — "Guilty." 
.      Of  the  Charge.—"  Guilty. " 
SENTENCK. — "To  forfeit  five  dollars  of  his  pay  for  two  months." 

10.  Artificer  BERNARD   LOCKHARD,   Company   F,    Twenty-eighth 
Infantry. 

CHARGE. — "  Conduct  to  the  prejudice  of  good  order  and  military 
discipline. " 

Specification.— 'In  this,  that  he,  Artificer   Bernard  Lockhard,  Com- 


pany  F,  Twenty-eighth  Infantry,  having  been  turned  over  to  Ser- 
geant Jacob  Steno,  Company  F,  Twenty-eighth  Infantry,  by  First 
Sergeant  Harry  H.  Goodrich,  Company  F,  Twenty-eighth  Infantry, 
to  police  the  ground  around  the  officers'  quarters  and  barracks 
of  his  company,  did  fail  to  do  so,  and  at'.er  being  told  several 
times  by  Sergeant  Steno  to  come  out  of  the  company  quarters,  and 
police  around  the  quarters  of  his  company  officers,  did  say  '  I  am 
going  to  stay  here,'  and  '  I  will  rather  go  to  the  guard-house  than 
sweep,'  or  words  to  that  effect.  This,  at  the  post  of  Washington, 
Ark.,  at  police  call,  on  or  about  the  Twenty-ninth  day  of  August, 
1868." 

PLEA. — To  the  Specification.- — "  Guilty.'* 
'lothe  Charge.—"  Guilty." 

FINDING. — Of  the  Specification. — "  Guilty." 
Of  the.  Charge.—"  Guilty." 

SENTENCE. — "To  forfeit  five  dollars  of  his  monthly  pay  for  three 
months. " 

11.  Private  WILLIAM  SMITH,  Company  F,  Twenty-eighth  Infantry. 
CHARGE  IST. — "Absence  without  leave." 

Specification. — "  In  this,  that  he,  Private  William  Smith,  Company 
F,  Twenty-eighth  Infantry,  did  absent  himself,  without  permission, 
from  the  hospital,  he  being,  at  the  time,  convalescent  from  malarial 
disease.  This,  at  or  near  Washington,  Ark.,  on  or  about  the  Four- 
teenth day  of  August,  1868." 

CHARGE  2d. — "  Disobedience  of  orders." 

Specification. — "In  this,  that  he,  Private  William  Smith,  Company 
F,  Twenty-eighth  Infantry,  did  become  drunk,  contrary  to  the  written 
rules  and  regulations  for  the  government  of  the  hospital.     This,  at 
or  near  Washington,  Ark.,  between  the  hours  of  eight,  A.  M.,  and 
two,  P.  M.,  on  or  about  the  Fourteenth  day  of  August,  1868." 
PLEA. — To  the  Specification  to  First  Charge. — "Guilty." 
To  the  First  Charge. — "  Guilty." 
To  the  Specification  lo  Second  Charge. — "  Guilty." 
To  the  Stcond  Charge. — "  Guilty." 

FINDING. — Of  the  Specification  to  First  Charge. — "  Guilty." 
'Of  the  First  Charge.— "  Guilty." 
Of  the  Specification  to  Second  Charge. — "  Guilty." 
Of  the  Sxotid  Charge. — "  Guilty." 

SENTENCE. — "  To  forfeit  five  dollars  of  his  monthly  pay  for  five 
months." 

12.  Private  BAXTER  JOHNSON,  Company  F,  Twenty-eighth  Infantry. 
CHARGE  IST. — "Conduct  to  the  prejudice  of  good  order  and  mili- 
tary discipline." 

Specification.— •"  In  this,  that  he,  Private  Baxter  Johnson,  Company 


F,  Twenty-eighth  Infantry,  did  become  drunk  and  disordely  while 
in  the  town  of  Washington,  Ark.,  on  or  about  the  Twenty-fourth 
day  of  June,  18'j8." 

CHAR<;E  2D. — "  Disobedience  of  orders." 

Specifi  alion. — "  Jn  this,  that  he,  Private  Baxter  Jchnson,  Com- 
pany F,  Twenty-eighth  Infantry,  did,  after  being  ordered  to  camp  by 
Brevet  Major  H.  E.  Stausbury,  Captain,  Company  F,  Twenty-eighth 
Infantry,  refuse  to  obey  said  orders,  and  did  remain  in  town.  This, 
at  Washington,  Ark.,  on  or  about  the  Twenty-fourth  day  of  June, 
1868." 

PLEA. — To  the  Spedfif/ition  of  First  Chirge. — "Not  Guilty." 
To  the  First  Charge.—"  Not  Guilty." 
To  the  Specification  of  Second  Charge. — "  Not  Guilt}'." 
To  the  Sxond  Ckarye. — '•  Not  Guilty." 

FINDING.— Of  the  Specification  io  First  Charge. — "  Guilty." 
Of  the  tirsl  Cliarge.—'1  Guilty." 
Of  the  Specification  to  Second  Charge. — "  Guilty." 
Of  the  St  ond  Cliarqe. — "  Gu;lty." 

SENTENCE. — "To  forfeit  ten  dollars  of  his  monthly  pay  for  six 
months. '' 

1IJ.     Artificer  JOHN  TYSON,  Company  F,  Twenty-eighth  Infantry. 

CHAUUE. — "Violation  of  the  Forty-second  Article  of  War." 

Specification. — "  In  this,  that  he,  the  said  Artificer  John  Tyson, 
Company  F,  Twenty-eighth  Infantry,  did  lie  out  of  his  quarters  with- 
out proper  authority,  between  the  hours  of  tattoo,  on  the  Sixteenth, 
and  reveille,  on  the  Seventeenth  day  of  August,  1868.  This,  at  the 
post  of  Washington,  Ark." 

I'LEA. —  To  the  Specification.  —  "  Guilty." 
To  Hie  Charge. — "  Guilty." 

FINDING. — Of  the  Specification. — "  Guilty." 
Of  the  Charge. — "  Guilty." 

SENTENCE. — "To  forfeit  to  the  United  States  five  dollars  of  his 
pay." 

14.  Private  JOHN  AKMSTUONG,  Company  F,  Twenty-eighth  In- 
fantry. 

CHARGE. — "Conduct to  the  prejudice  of  good  order  and  military 
disci;,  line." 

Specification. — "  In  this,  that  he,  the  said  Private  John  Armstrong, 
Company  F,  Twenty-eighth  Infantry,  having  been  regularly  detailed 
for  and  placed  on  duty  in  the  Quartermaster's  Department,  at  Wash- 
ington, Ark.,  did  go  away  from  his  work,  get  very  drunk,  and  stayed 
away  all  day,  and  nr-til  arrested  aud  brought  back  by  a  guard  sent 
after  him.  All  this,  at  or  near  Washington,  Ark. ,  on  or  about  the 
Fourteenth  day  of  August,  1868." 


PLEA. — To  the  dpeciftoalior. — "  Guilty." 
To  the  Charge. — "  Guilty." 

FINDING. — Of  ihe  Specification — "  Guilty." 
Of  the  Charge. — "Guilty." 

SENTENCE. — "To  forfeit  to  the  United  States  live  dollars  of  his  pay. " 

15.  Private  PATRICK  McD.  NNELL,  Gompauy  11,  Twenty-eighth 
Infantry. 

CHAEGE. — "Conduct  to  the  prejudice  of  good  order  and  military 
discipline. " 

{specification  First.  —  "  In  this,  that  he,  Private  Patrick  McDonnell, 
Company  H,  Twenty-eighth  Infantry,  being  a  prisoner  in  the  post 
guard  house,  did,  while  in  a  state  of  intoxication — when  oidered  by 
the  Corporal  of  the  Guard,  (Gustavus  Grottjohann,  company  H, 
Twenty-eighth  Infantry,)  to  fall  out  with  other  prisoners  for  retreat 
roll-call — refuse  to  obey  said  order,  uud  did  use  disrespectlul  and 
violent  language  to  said  Corporal  Grottjohanu,  he  being  at  the  time 
in  the  execution  of  his  duty.  This  near  Caiuden,  Arkansas,  on  or 
about  the  Fourteenth  day  of  August,  18(58." 

Specification  Second.— "In  this,  that  he,  Private  Patrick  McLounell, 
Company  H,  Twenty-eighth  Infantry,  did  forcibly  resist  Sergeant 
Peter  Jones,  Company  G,  Twenty-eighth  Infantry,  and  Corpora! 
Gustavus  Grottjohann,  Company  H,  Twenty-eighth  Infantry,  when 
in  the  execution  of  their  duty  as  members  of  the  guard,  attempting 
to  execute  the  orders  of  Second  Lieutenant  G.  H.  lladetzki,  Twenty- 
eighth  Infantry,  Officer  of  the  Day,  ai.d  did  assault  and  strike  with 
a  log  of  wood,  the  said  Sergeant  Jones  and  Corporal  Grottjohann, 
continuing  to  use  very  boisterous  and  disrespectful  language  to  them, 
and  conducting  himself  in  a  most  violent  manner  until  restrained  by 
the  guard.  This  near  Camden,  Arkansas,  on  or  about  the  Four- 
teenth day  of  August,  1868." 

Specification  Third. — "  In  this,  that  he,  Private  Patrick  McDonnell, 
Company,  H,  Twenty-eighth  Infantry,  alter  promoting  the  Sergeant 
of  the  Guard,  (Peter  Jones,  Company  G,  Twent) -eighth  Infantry,)  if 
untied,  to  conduct  himself  quietly,  did,  on  being  untied,  rush  to  the 
gun-rack,  seize  a  gun  therefrom,  and  did  attack  the  guard  with  said 
gun.  This  at  or  near  Camden,  Arkansas,  on  or  about  the  Fourteenth 
day  of  August,  1868." 

PLEA. — To  the  First  Specification. — "Not Guilty." 
To  the  Second  Specification. — "  Not  Guilty." 
To  tJie  Third  Specification.— ''Not  Guilty." 
To  the  Ctiarye. — "Not  Guilty." 

FINDING. — Of  the  First  Specification. — "Guilty."' 

Of  the  Second  Specification. — "Guilty,  except  the  words 
'  Sergeant  Jones  and. '  " 


Of  the  Third  Specification. — "  Guilty,  except  the   words 
'  did  attack  the  guard  with  said  gun.'" 
Of  the  Charge.— "Guilty." 

SENTENCE. — "  To  forfeit  ten  dollars  of  his  monthly  pay  for  ten 
months." 

16.  Private  FRANCIS  STEVENSON,  Company  H.  Twenty-eighth  In- 
fantry. 

CHARGE  IST. — "Violation  of  the  Fiftieth  Article  of  War." 

Specification. —  "In  this,  that  he,  Private  Francis  Stevenson,  Com- 
pany H,  Twenty-eighth  Infantry,  being  regularly  detailed  and 
mounted  as  a  member  of  the  post  guard,  at  Camdeu,  Arkansas,  did 
leave  said  guard  without  urgent  necessity,  or  leave  from  his  supe- 
rior officer.  All  this,  at  camp  near  Camden,  Arkansas,  on  or  about 
the  Ninth  day  of  August,  1868. " 

CHABGE  2o. — "Absence  without  leave." 

Specification. — "In  this,  that  he,  Private  Francis  Stevenson,  Com- 
pany H,  Twenty-eighth  Infantry,  did,  without  permission  from  pro- 
per authority,  absent  himself  from  his  guard  and  camp,  from  9 
o'clock,  A.  M.,  until  12  o'clock,  Noon,  and  from  1  o'clock,  P.  M., 
until  3:30  P.  M.,  of  the  Ninth  day  of  August,  1868.  All  this  at 
camp,  near  Camdeu,  Arkansas." 

CHARGE  3o.  — "Worthlessness,  to  the  prejudice  of  good  order 
and  military  discipline." 

Specification. — "  In  this,  that  he,  Private  Francis  Stevenson,  Com- 
pany H,  Twenty-eighth  Infantry,  has,  by  the  use  of  intoxicating 
drinks,  become  utterly  worthless  as  a  soldier  in  the  Army  of  the 
United  States." 

CHARGE  4iH. — "Conduct  to  the  prejudice  of  good  orderaud  mil- 
itary discipline." 

Specification.  —  "In  this,  that  he,  Private  Francis  Stevenson,  Com- 
pany H,  Twenty-eighth  Infantry,  has,  by  the  excessive  use  of  in- 
toxicating drinks,  at  various  times  rendered  himself  unfit  for  the 
performance  01  his  duties  as  a  soldier,  and  has  rendered  necessary 
his  confinement  in  the  guard  house  at  his  company  station,  on  the 
following  occasions,  viz:  From  November  3  to  November  22,  1867; 
from  March  19  to  March  28,  1868;  on  May  17,  1868;  from  June  24 
to  June  28,  1868;  from  July  2  to  July  16,  1868,  and  from  August  9 
to  August  20,  1863,  and  is  at  present  in  confinement.  This  at  post 
of  Little  Rock,  Arkansas,  and  post  of  Camden,  Arkansas,  on  or 
about  the  dates  above  specified." 

PLEA.  —  To  the  Specification  to  the  Firt-.t  Charge. — "Not  Guilty." 
To  the  First  Charge.—"  Not  Guilty." 
To  the  SpecificatiO'i  to  Sacond  Charge. — ''Not  Guilty." 
Tc  the  Second  Chnige. — "Not  Guilty." 
Tu  the  Si^cification  to  Third  Charge.— "Not  Guilty." 
To  the  Third  Charge.  —  "  Not  Guilty." 


10 

To  the  Specification  of  Fourth  Charge. — "Not  Guilty." 
To  the  Fourth  Chirge.— "Not  Guilty." 
FINDING. — Of  the  Specification  of  First  Charge. — "Guilty." 
Of  the  First  Charge.  — "Guilty" 

Of  the  Specification  of  Second  Charge. — "Guilty,   except 
the  words  '  ironi  9  o'clock,  A.  M.,  until  12  o'clock,  Noon."' 
Of  the  Second  Cnarge. — "  Guilty." 
Of  the  Spcc'fic  ttion  of  Tuird  Charge. — "Not  Guilty." 
Of  the  Third  Charge. — '•  Not  Guilty." 
Of  the  Specification  of  Fourth  Charge. — "Not  Guilty." 
Of  the  Fourth  Charge— "Not  Guilty." 

SENTENCE. — "  To  forfeit  twelve  dollars  of  his  monthly  pay  during 
the  balance  of  his  term  of  bis  enlistment." 

17.  Sergeant  ROBERT  L.  TOLSON,  Company  K,  Twenty-eighth  In- 
fantry. 

CHARGE. — "  Conduct  to  the  prejudice  of  good  order  and  military 
discipline." 

Specification. — "In  this,  that  he,  Sergeant  Robert  L.  Tolson,  Com- 
pany K,  Twenty-eighth  Infantry,  did  falsely  report  to  Lieutenant 
John  A.  Payne,  Twenty-eighth  Infantry,  Post  Adjutant,  that  the  de- 
tail from  Company  F,  Twenty-eighth  Infantry,  ordered  to  go  with 
him  on  detached  service  to  Spoonville,  Arkansas,  was  picked  with 
the  intention  of  sending  the  poorest  men  of  the  company,  or  words 
to  that  eifect.  This,  at  the  post  of  Washington,  Arkansas,  on  or 
about  the  Thirty-first  day  of  August,  1868." 

PI.EA. — To  the  Specification. — "Not  Guilty." 
To  the  Charge. — "Not  Guilty." 

FINDING. — Of  the  Specification. — "Guilty." 
Of  the  Charge.— "  Guilty." 

SENTENCE. — "To  forfeit  five  dollars  of  his  monthly  pay  per  mouth 
for  four  months." 

18.  Private  JOSEPH  WELLS,  Company  K,  Twenty-eighth  Infantry. 
CHARGE. — "  Conduct  t'o  the  prejudice  of  good  order  and  military 

discipline. " 

Specification. — "In  this,  that  he,  Private  Joseph  Wells,  Company 
K,  Twenty-eighth  Infantry,  he  being  regularly  detailed  and  placed  oa 
duty  in  the  Quartermaster's  Department  as  carpenter,  and  having 
been  ordered  to  go  to  work  on  the  roof  of  the  bake-house  at  this 
post,  failed  to  do  so,  but  went  away  without  leave,  and  stayed  away 
until  arrested  by  a  guard  sent  after  him.  This,  at  or  near  Washing- 
ton, Arkansas,  on  or  about  the  Fourteenth  day  of  August,  18G8." 

PLEA. — To  the  Specification. — "Not  Guilty." 
To  Hit  Chn-rye. — "  Xot  Guilty." 

FINDING. — Of  the  Specification. — "Guilty."' 
Of  the  Charge.— "Guilty." 


11 

SENTENCE. — "  To  forfeit  ten  dollars  per  niouth  of  his  monthly 
pay  for  two  mouths." 

19.  Private   EPHEAIM  B.   MAPLES,    Company  F,    Twenty-eighth 
Infantry. 

CHARGE. — "  Conduct  to  the  prejudice  of  good  order  and  military 
discipline. " 

Specific  ition. — "lu  this,  that  he,  Private  Ephraim  B.  Maples, 
Company  F,  Twenty-eighth  Infantry,  did,  while  he  was  a  member 
of  the  guard  at  this  post,  allow  the  following  named  prisoners,  viz: 
Musician  Matthew  McNamara,  Company  F,  Twenty-eighth  Infantry, 
Private  James  Corcoran,  Company  F,  Twenty-eighth  Infantry, 
and  Private  James  Dunn,  Company  F,  Twenty-eighth  Infantry, 
while  they  were  to  work  under  his  charge,  to  get  whiskey,  and  did 
lay  down  his  rifle  and  sit  down  and  drink  whiskey  with  them;  and 
did  allow  the  said  prisoners  to  get  drunk,  so  that  they  got  fighting; 
and  when  spoken  to  about  it  by  Private  John  Riley,  Company  F, 
Twenty-eighth  Infantry,  did  tell  him  '  to  go  to  hell,  and  mind  his 
own  business."  All  this  at  or  near  Washington,  Ark.,  on  or  about 
the  Thirty-first  day  of  August,  1868." 

PLEA. — -To  the  Specification. — "  Not  Guilty." 
To  (he  Charge. — •'  Not  Guilty." 

FINDING. —Of  the  Specification. — "Guilty." 
Of  the  Charge.  —  'Guilty. " 

SENTENCE. — "  To  forfeit  five  dollars  per  month  of  his  monthly 
pay  for  the  period  of  twelve  months." 

20.  Sergeant  CHARLES  E.  BCUT,  Company  F,  Twenty-eighth  In- 
fantry. 

CHARGE  IST. — "Conduct  to  the  prejudice  of  good  order  and  mili- 
tary discipline." 

Specification. — "In  this,  that  he,  Sergeant  Charles  E.  Burt,  Com- 
pany F,  Twenty-eightn  Infantry,  did  report  at  the  quarters  of  his 
company  commander,  Brevet  Major  Howard  E.  Stansbury,  Captain, 
Twenty-eighth  Infantry,  in  a  state  of  intoxication.  Tuis  at  the  post 
of  Washington,  Ark.,  on  or  about  the  Fourth  day  of  September,  1868. " 

CHARGE  2o.  —  "Neglect  of  duty." 

Specification. — "In  this,  that  he,  Sergeant  Charles  E.  Burt,  Com- 
pany F,  Twenty-eighth  Infantry,  being  on  duty  as  Quartermaster 
Sergeant  of  his  company,  and  required  to  make  out  the  returns  of 
his  department,  did  fail  to  make  out  the  returns  of  clothing,  camp 
n.iid  garrison  equipage,  for  the  month  of  August,  1868,  in  the  time  re- 
quired by  regulations.  This  at  the  post  of  Washington,  Ark.,  on  or 
about  the  mouth  of  September,  1868." 

PLEA. — To  ihe  Specification  to  Fust  Charge. — "Not  Guilty." 
To  ihe  First  Charge. — "Not  Guilty." 
To  the  tipecificilion  to  Second  Charge.  — -  "Not  Guilty." 
To  the  Second  Charge. — "Not  Guilty." 


1-2 

FINDING. — Of  the  8pec:ficalion  of  First  Chary?. — ' '  Guilty. " 
Of  the  First  Charge.— " Guilty." 

Of  ike  Specification  of  Secoi.d  Oiarrje. — "Guilty,  except 
tlae  words,  'although  several  times  cautioned  to  do  so.' :> 

Of  the  Sscond  Cliarye. — "Guilty." 

SENTENCE. — "To  be  reduced  to   the  ranks,  and  to   forfeit  five 
dollars  per  month  of  his  monthly  pay  for  five  months." 

'21.     Private  BKNJA.MIN  F.  FBAZEE,    Company   K,  Twenty-eighth 
Infantry. 

CHABGE. — "Conduct  to  the  prejudice  of  good  order  and  military 
discipline." 

Specific-ition. — "In  this,  that  he,   Private   Benjamin   F.    Frazee, 
Company  K,  Twenty-eighth  Infantry,  did  become   drunk  and  dis- 
orderly, and  did  disturb   the  public   peace.     This    in  the   town  of 
Washington,  Ark.,  on  or  about  July  25th,  1868." 
PLEA. — To  the  Specification. — "Not  Guilty." 

To  the  Ch'ir.je.— "Not  Guilty." 
FINDING.  —  Of  the  Specification. — "Not  Guilty." 

Of  the  Charge. — "Not  Guilty." 
"And  does  therefore  acquit  him." 


II.     The  proceedings  and  findings  in  the  cases  of — 
Musician  John  G.  Hender,   Company  K,  Twenty-eighth  Infantry, 

Private  Patrick  Burns,  "        F,  "  " 

"       George  Willis,  "         "  "  '• 

"      John  A.  Case,  "         " 

"      Ludwig  Kohne,  "         "  "  " 

"      Patrick  Roche,  "         "  "  " 

"       0.  C.  Gunderson,  "        K,  " 

"      JohnHolton,  "        F,  "  " 

Artificer  Bernard  Lockhard, 

Private    William  Smith,  "        "  "  " 

"      Baxter  Johnson,  "        "  "  " 

Artificer  John  Tyson,  "        li  "  " 

Private    John  Armstrong',  "         " 

"      Patrick  McDonnell,          "        H,  "  " 

Sergeant  Robert  L.  Tolson,  "        K,  "  " 

Private   Joseph  Wells,  "        "  "  " 

"      Ephraim  B.  Maples,         "        F,  "  " 

are  approved.  The  sentences  are  confirmed  and  will  be  duly  execu- 
ted. Private  Burns  will  be  confined  in  charge  of  the  guard  at  the 
post  where  his  company  may  be  serving. 


13 

The  proceedings,  findings  and  acquittal  in  the  case  of  Private 
Benjamin  Frazee,  Company  K,  Twenty-eighth  Infantry,  are  approved. 
He  will  be  released  from  confinement  and  restored  to  duty. 

The  proceedings  in  the  case  of  Private  Peter  Kennedy,  Company 
F,  Twenty- eighth  Infantry,   are  disapproved,  for  the  reason  that  it 
"  does  not  appear  that  the  accused  was  allowed  to  plead.     The  find- 
ings and  acquittal  are  approved.     He  will  be  released  from  confine- 
ment and  restored  to  duty. 

The  proceedings  iu  the  case  of  Private  Francis  Stevenson,  Com- 
pany H,  Twenty-eighth  Infantry,  are  disapproved,  on  account  of 
variance  in  the  name  of  the  accused  as  appearing  in  the  record.  In 
the  specification  it  is  Steve/tson,  in  the  sentence  Steveson.  The 
third  charge  in  this  case — "  worth  lessness" — does  not  strictly  name 
an  offenoe  under  the  Ninety-ninth  or  any  other  Article  of  War.  A 
soldier  may  properly  be  tried  under  the  Ninety-ninth  Article  for  a 
course  of  conducl — such  as  the  specification  to  this  charge  describes 
— which  results  in  rendering  him  utterly  worthless ;  and  it  is  with 
that  only  he  should  be  charged.  He  will  be  released  from  confine- 
ment and  restored  to  duty. 

The  proceedings  in  the  case  of  Sergeant  Charles  E.  Burt,  Com- 
pany F,  Twenty-eighth  Iniantvy,  are  approved.  The  findings  upon, 
the  first  charge  and  its  specifications  are  approved;  upon  the  second 
charge  and  its  specifications  they  are  disapproved.  The  accused 
was  charged  with  neglect  of  duty,  in  that  he  failed  to  make  the 
returns  of  clothing,  camp  and  garrison  equipage  for  the  company 
within  the  time  required  by  Army  Kegulations.  The  Commanding 
General  is  greatly  surprised  that  the  Court  viewed  this  charge  in 
the  manner  indicated  by  its  finding.  These  returns  are  required  of 
the  commissioned  officer  commanding  the  company,  and  no  enlisted 
man  can  properly  be  held  responsible  for  them.  The  company 
commander  can  unquestionably  require  any  soldier  of  his  company 
to  perform  the  clerical  labor  involved,  and  if  disobeyed  should  insti- 
tute proceedings  against  him  under  the  Ninth  Article  of  War; 
but  the  attempt  to  hold  him  responsible  for  the  performance  of  a 
duty  required  solely  of  the  company  commander,  displays  a  gross 
misapprehension  of  the  duties  of  such  commander  on  the  part  of 
both  himself  and  the  Court.  The  sentence  is  confirmed  and  will  be 
duly  executed. 

OMMAND  OF  EKEVET  MAJOK  GKXEUAL  L.  H.  EOIJSSKAU: 

NEILL, 

twentieth  Infantry,  Bt-ovet  Bridhlier  General,  U.  S. 
OFFICIAL  :  /       /  Acting  Assistant  AcTTSLiut  General. 


t.  Lieut.,  Thirty-seventh  Inf.,Bvt.  First  Lieut.,  U.  S.  A., 
Acting  Assistant  Adjutant  General. 


HEADQUARTERS,  DEPARTMENT  OF  LOUISIANA, 

GESK*£-°*DEK85  Neu>  Orleans,  La.,  Oct.  15,  1868. 

I.  Before  a  General  Court  Martial  which  convened  at  Fort  Smith, 
Arkansas,  by  virtue  of  Paragraph  3,  Special  Orders  No.  17,  current 
series,  from  these  Headquarters,  and  of  which  Lieutenant  Colonel 
Piiiekuey  Lugenbeel,  Nineteenth  Infantry,  is  President,  were  ar- 
raigned and  tried: 

1.  Artificer  CHARLLS  W.  MotriTT,  Company  K,  Nineteenth  In- 
fantry. 

CHAUGE. — "  Violation  of  the  Forty -fifth  Article  of  War — drunken- 
ness on  duty." 

Specification. — "In  this,  that  he,  Artificer  Charles  W.  Moffitt, 
Company  K,  Nineteenth  Infantry,  did  appear  in  an  intoxicated  con- 
dition on  dress  parade,  on  the  evening  of  September  8th,  186d,  which 
rendered  him  incapable  to  stand  in  the  ranks.  This  at  Fort  ouuih, 
Arkansas,  on  or  about  the  date  above  specified." 

PLEA. —  To  the  Specification. — "Guilty." 
To  the  Ukai  ge. — "  G  uilty. ' ' 

FINDING. — Of  the  Specification. — •'  Guilty." 
Of  the  Charye.  — ' '  Guilty. " 

SENTENCE. — "To  be  confined  at  hard  labor  in  charge  of  the  guard 
for  the  period  of  three  months  from  September  llth,  1868." 

•2.     Private  WILLIAM  KAYSEK,  Company  G,  Nineteenth  Infantry. 

CHAKGE. — ' '  Desertion. " 

Specification. — "In  this,  that  he,  Private  William  Kayser,  Com- 
pany G,  Nineteenth  Infantry,  did  desert  the  service  of  the  United 
States  from  the  post  of  Dover,  Arkansas,  on  or  about  the  Twenty- 
third  day  of  July,  ]  867,  and  did  remain  absent  until  apprehended 
near  Lewisburg,  Arkansas,  on  or  about  the  Nineteenth  day  of  July, 
1868.  All  this  at  Dover,  Arkansas,  on  or  about  the  Twenty-third  day 
of  July,  1867." 

PLEA. — To  the  Specification. — "  Guilty.'" 
'lo  the  Charge. — "  Guilty." 

FINDING. — Of  the  Specification. — "Guilty." 
Of  the  Charge.— "Guilty." 

SENTENCE. — "To  be  dishonorably  discharged  the  military  service 
of  the  United  States,  with  loss  of  all  pay  and  allowances,  now  due  or 
to  become  due,  except  the  just  dues  of  the  laundress;  and  to  be 
confined  in  such  penitentiary  as  the  Commanding  General  may  des- 
ignate, until  May  1st,  1870." 

3.     Private  PATRICK  LYNCH,  Company  K,  Nineteenth  Infantry. 


CHABGB. — "Violation  of  the  Forty-sixth  Article  of  War — sleeping 
on  post. " 

Specification. — "In  this,  that  he,  Private  Patrick  Lynch,  Company 
K,  Nineteenth  Infantry,  being  a  member  of  the  guard  mounted  at 
Fort  Smith,  Arkanf  as,  and  having  been  duly  posted  as  a  sentinel  on 
post  No.  7,  on  the  Twenty-fifth  of  July,  1868,  did  wilfully  neglect 
his  duty  by  sleeping  on  post,  and  was  found  so  asleep  by  First  Lieu- 
tenant Oliver  Wetmore,  Jr. ,  Nineteenth  Infantry,  Officer  of  the  Day, 
between  the  hours  of  4  and  5,  A.  M.,  on  the  Twenty-sixth  of  July, 
1868.  All  this  on  or  about  the  time  and  dates  above  specified  at 
Fort  Smith,  Arkansas." 

PLEA. — To  the  Specification. — "Not  Guilty." 
To  the  Charge.—"  Not  Guilty." 

FINDING. — Of  the  Specification.—"  Guilty." 
Of  the  Charqe.—"  Guilty." 

SENTENCE. — "  To  be  confined  at  hard  labor  in  charge  of  the  <r  uard 
with  an  iron  ball  weighing  twenty-four  pounds  attached  to  his  left 
leg  by  a  chain  three  and  one-half  feet  in  length,  for  the  period  of 
six  months,  from  the  Fourteenth  day  of  September  1863;  and  to 
forfeit  to  the  United  States  ten  dollars  per  month  of  his  monthly 
pay  for  the  same  time. " 

4.     Private  CHARLES  MATNEY,  Company  F,  Nineteenth  Infantry. 

CHARGE. — "Conduct  to  the  prejudice  ot  good  order  and  military 
discipline." 

Specification  First. — "In  this,  that  he,  Private  Charles  Matney, 
Company  F,  Nineteenth  Infantry,  having  been  duly  detailed  fin- 
guard,  did  absent  himself  from  guard  mounting  on  the  morning  of 
the  Twenty-seventh  day  of  August,  1868." 

Spedfiatiiftn Second. — "In  this,  that  he,  Private  Charles  Matney, 
Company  F,  Nineteenth  Infantry,  did  absent  himself  without  per- 
mission from  competent  authority,  from  his  company  quarters  and 
the  Gairison  at  Fort  Smith,  Ark  ,  from  about  6  o'clock,  A.  M.,  on 
the  Twenty-seventh  day  of  August,  until  about  4  o'clock,  A.  M.  of 
the  Thirtieth  day  of  August,  1868,  at  which  time  he  returned  to  camp 
in  such  a  state  of  intoxication  as  to  be  unfit  for  the  performance  of 
any  duty. " 

Specification  Third. — "In  this,  that  he,  Private  Charles  M.itney, 
Company  F,  Nineteenth  Infantry,  has,  from  the  constant  and  excess- 
ive use  of  intoxicating  liquors,  become  an  incorrigible  ilrunkard, 
necessitating  his  confinement  in  the  post  guard  house  during  the 
period  of  one  year,  from  August  28th  to  August  30th,"  1867,  from 
September  27th  to  September  30th,  1867,  from  May  8th  to  May 
10th,  1868,  from  May  tOth  to  May  22d,  1868,  from  August  19th  to 
August  22d,  1868,  and  Irom  August  30th  to  September  1st,  1868. 
All  this  at  or  near  Fort  Smith,  Arkansas." 


3 

PLEA.  —  To  the  First  Specification. — "  Guilty." 
To  the  Second  Specification. — "Guilty." 
To  the  Third  Specification. — "  Guilty  to  all,  excepting  the 
words   ' become  an  incorrigible  drunkard,  necessitating'  and  sub- 
stituting for  the  word  'necessitating,'  the  word  'necessitated.'" 

To  the  Charge. — "Guilty." 
FINDING. — Of  the  First  Specification. — "  Guilty." 

Of  the  Second  Specification. — "  Guilty." 
Of  the  Third  Specification. — "Guilty,  except  the  words 
'become  an  incorrigible  drunkard,   necessitating,'  and  substituting 
tor  the  word  '  necessitating  '  the  word  'necessitated.'" 

Of  (he  Clwr.je. — "Guilty." 

SENTENCK. — "To  be  confined  at  hard  labor  in  charge  ox  the  guard 
for  the  period  of  three  months,  from  September  14th,  1868,  and  to 
forfeit  to  the  United  States  ten  dollars  of  his  monthly  pay  per 
month  during  the  same  time." 

5.  Private  JOHN  MUKPHY,  Company  E,  Nineteenth  Infantry. 
CHAKGE. — "Conduct to  the  prejudice  of  good  order  and  military 

discipline." 

Specification.— "In  this,  that  he,  Private  John  Murphy,  Company 
E,  Nineteenth  Infantry,  did  beat,  strike  and  kick,  his  wife,  Mrs. 
John  Murphy,  a  laundress  of  E,  Company,  Nineteenth  Infajitry,  iu 
a  shameful  and  outrageous  manner,  bruising  and  cutting  her  per- 
son, BO  as  to  render  her  unfit  to  perform  her  duties  as  laundress  of 
the  company.  This,  at  her  quarters  on  the  government  reservation 
at  Fort  Smith,  Ark.,  on  the  morning  of  September  3d,  1868." 

PLEA. — To  the  Specification. — "Not  Guilty." 
To  the  Wtarjjs.— "Not  Guilty." 

FIMJINU. — (//  the  Specification. — "  Guilty. " 
Of  the  Charge. — "Guilty." 

SENTENCE.— "  To  be  confined  at  hard  labor  in  charge  of  the  £uard 
for  three  mouths  from  September  loth,  1868." 

6.  Private  Louis  Doss,  Company  G,  Nineteenth  Infantry. 
CHARGE. — "Conduct  to  the  prejudice  of  good  order  and  military 

discipline." 

Sprcificat'on. — "In  this,  that  he,  Private  Louis  Doss,  Company  G, 
Niui-teenth  Infantry,  did  take  and  steal  from  the  office  safe  belong- 
ing to  Captain  T.  A.  Baldwin,  Nineteenth  Infantry,  monies  to  the 
amount  of  fifty  dollars  belonging  to  Artificer  Martin  Brooks,  Com- 
pany G.  Nineteenth  Infantry,  who  had  deposited  said  money  with 
Captain  T.  A.  Baldwin,  Nineteenth  Infantry,  tor  s;ife  keeping,  and 
did  appropriate  said  money  to  his  own  private  use.  All  this  at  Fort 
Smith,  Ark.,  on  or  about  September  5th,  18b8." 


PLEA. — To  the  Sp^iification. — "Not  Guilty." 
To  the  Charge. — "Not  Guilty." 

FINDING. — Of  the  Specification. — "  Guilty." 
Of  the  Charye.— "Guilty." 

SENTENCE. — "To  be  confined  at  hard  labor  in  charge  of  the  guard 
\vith  a  ball  and  chain  attached  to  his  left  leg  until  the  Fifteenth  day 
of  September,  1869,  and  to  forfeit  ten  dollars  of  his  pay  per  month 
for  six  months  i'roru  March  loth,  1809." 

7.  Private  LAWKENCE  RICHAUIS,  Company  D,  Nineteenth  In- 
fantry. 

CHARGE. — "Conduct  to  the  prejudice  of  good  order  and  mili- 
tary discipline. " 

^p«'ifii:<i'!(,ii  Fhsl.  — "  In  this,  that  he,  Private  Lawrence  Richards, 
Company  D,  Nineteenth  Infantry,  did  become  so  much  intoxicated 
as  to  be  unable  to  attend  to  l.is  duty.  This  at  Fayetteville,  Ark.,  on 
or  about  the  Sec.  ml  and  Thirteenth  days  of  March,  1868,  the  Third 
day  of  April,  1863,  the  Fourteenth  and  Twentieth  days  of  May, 
18G8,  and  the  Sixth  day  of  June,  18G8." 

Specification  Second.  —  "In  this,  that  he,  Private  Lawrence  Rich- 
ards, Company  D,  Nineteenth  Infantry,  was,  by  reason  of  his  drunk- 
enness and  bad  conduct  during  the  three  months  beginning  March 
•Jd,  ISliS,  and  ending  June  2d,  1868,  confined  in  the  guard  house  for 
the  space  of  thirty  days,  to-wit:  From  March  2d  to  March  9th,  from 
March  13th  to  March  15th,  from  April  3d  to  April  13th,  from  May  2d 
to  May  23d,  1868,  thus  depriving  the  Government  of  his  services 
for  that  period.  This  at  Fayetteville,  Ark.,  from  and  between  the 
dates  of  March  2d,  1868,  and  June  2d,  1868," 

Specification  Third.  —  "In  this,  that  he,  1'rivate Lawrence  Richards, 
Company  D,  Nineteenth  Infantry,  has  by  reason  of  his  constant 
drunkenness,  rendered  himself  unreliable  as  a  soldier,  a  disgrace  to 
the  service  to  which  ho  belongs,  and  a  useless  expense  to  the  Gov- 
ernment. This  at  Fayetteville,  Afk.,  from  and  between  the  dates  of 
March  2d,  1868,  and  June  2d,  1868." 

PLEA.— -To  the  Ftrst  Specification. — "Guilty." 
To  the  Second  Specification. — "  Guilty." 
To  the  Third  Specification. — ''Guilty. " 
To  the  C'hartfc.  — "  Guilty.'' 

FINDING.  —  Of  Hi-  Firttt  X/tecifi<:atio>>. — "Guilty." 
Of  the  Sicond  Specification. — "Guilty." 
Of  the  Third  Sp-cificaHon. — "Guilty." 
Of  the  Chary e.— "  Guilty." 

SENTENCE. — "To  forfeit  to  the  United  States  all  pay  and  allowances 
now  due  or  to  become  due,  excepting  the  just  dues  of  the  laundress, 
and  to  be  dishonorably  discharged  the  military  service  of  the  United 
States." 


8.     Private  JOHN  BOLINGEB,  Company  K,  Nineteenth  Infantry. 

CHARGE. — "Violation of  the  Forty-sixth  Article  of  War — sleeping 
on  post. " 

Specification. — "In  this,  that  he,  Private  John  Bolinger,  K  Compa- 
ny, Nineteenth  Infantry,  having  been  regularly  detailed  and  posted 
as  a  member  of  the  post  guard  on  the  Twenty-first  instant,  was 
found  sleeping  on  post  by  the  Corporal  of  the  guard.  All  this  at 
or  near  Fort  Smith,  Ark.,  on  or  about  the  Twenty -first  day  of  Sep- 
tember, 1868." 

PLEA. — To  the  Specification. — "  Not  Guilty." 
To  the  Charge.—"  Not  Guilty." 

FINDING. — Of  the  Specification — "  Guilty." 
Of  the  C,'iai<je.— ^Guilty." 

SENTENCE. — "  To  be  confined  at  hard  labor  in  charge  of  the  guard 
with  an  iron  ball  weighing  twenty-four  pounds  attached  to  his  left 
leg  by  an  iron  cnain  three  and  one-half  feet  in  length,  for  the  period 
of  six  months,  from  the  Twenty-third  of  September,  1868,  and  to 
forfeit  to  the  United  States  ten  dollars  of  his  pay  per  month  for  the 
same  time/' 


II.  The  proceedings  and  findings  in  the  foregoing  cases  are  ap- 
proved. 

In  the  cases  of  Privates  Louis  Doss,  Company  G,  and  Lawrence 
llichards,  Company  D,  Nineteenth  Infantry,  the  sentences  are  con- 
firmed and  will  be  duly  executed. 

lu  the  case  of  Private  William  Kayser,  Company  G,  Nineteenth 
Infantry,  the  sentence  is  approved,  but  in  consideration  of  a  recom- 
mendation to  clemency  by  the  Court  it  is  remitted.  He  will  be  re- 
leased from  confinement  and  restored  to  duty. 

In  the  cases  of — 

Private  John  Murphy,  Company  E,  Nineteenth  Infantry, 
"        Charles  Matney,         "        F,  •'  " 

"        Patrick  Lynch,  "         K,  "  " 

"       John  Bolinger,  "         "  ''  " 

Artificer  Charles  W.  Moffitt,  "         "  "  "       the  sen- 

tences are  disapproved. 

The  Court  greatly  misconceived  its  duty  in  these  cases  in  attempt- 
ing to  appoint  the  dates  upon  which  the  execution  of  the  sentences 
of  imprisonment  should  commence.  Sentences  of  Military  Courts 
have  no  legal  effect  until  approved  by  the  proper  reviewing 
officer.  The  term  of  imprisonment  to  which  a  soldier  is  sentenced 
commences  on  the  day  he  is  delivered  to  the  officer  charged  with 
the  execution  of  the  order  for  his  confinement.  This  delivery  cer- 


tainly  eaunot  take  place  until  after  the  promulgation  of  the  action 
of  the  reviewing  officer  and  should  take  place  at  the  earliest  prac- 
ticable date  thereafter.  In  these  casos  the  Court  have  provided  that 
the  imprisonment  shall  commence  upon  the  very  day  each  case  is 
tried — before  the  sentences  have  any  force  whatever.  It  is  not  be- 
lieved that  any  officer  in  this  Department,  so  misapprehends  his 
duty  as  to  attempt  to  execute  such  sentences. 

The  prisoners  will  be  released  from  confinement  and  restored  to 
duty. 
BY  COMMAND  OF  BUBVKT  MAJOU  GKNEUAL  L.  H.  ROUSSEAU: 

fEILL, 

'Twentieth  Infaiitry,  lltevet  Brigajfior  General,  U.  S. 
OFFICIAL:/       /  Acting  Assistant  Adjutant  General. 


Li'- ii I.,  Thirty-Huveuth  Inf.,  Bvt.  First  Lieut.,  U.  b.  A. 
Actiug  Assistant  Adjutant  General. 


f 

N 


HEADQUARTERS,  DEPARTMENT  OF  LOUISIANA, 

GENERAL  OKDERSJ  Ngw  Q^^  ^  Ocfc>  19> 

I.  Before  a  General  Gourt  Martial  which  convened  at  Jackson 
Barracks,  La.,  by  virtue  of  Paragraph  1,  Special  Orders  No.  33,  cur- 
rent series,  from  these  Headquarters,  and  of  which  Lieutenant  Col- 
onel William  H.  Wood,  First  Infantry,  is  President,  were  arraigned 
and  tried: 

1.     Private  JOHN  A.  GALLAGHAN,  Company  B,  First  Infantry. 
CHAKGE  IST.  — "  Violation  of  the  Forty-fifth  Article  of  War." 
Specification. — "In  this,  that  he,  Private  John  A.  Gallaghan,  Com- 
pany B,  First   Infantry,  having  been  duly  detailed  as  a  member    of 
the  guard,  was  found  drunk  on  his  guard.     This  at   New   Orleans, 
La  ,  on  or  about  September  12th,  1868." 

CHABGE  2  a — "Conduct  to  the  prejudice  of  good  order  and  military 
discipline. " 

Specification  First.— "In  this,  that  he,  Private  John  A  Gallaghan, 
-  Company  B,  First  Infantry,  did,  while  under  the  influence  of  intox- 
icating liquors,  conduct  himself  in  a  very  boisterous  and  disgraceful 
manner.     This  at  New  Orleans,  La.,  on  the  Twelfth  day  of  Septem- 
ber, 1868,  between  the  hours  of  10  and  11  o'clock,  P.  M." 

Specification  Second. — "In  this,  that  he,  Private  John  A.  G-allaghan, 
Company  B,  First  Infantry,  after  beicg  taken  in  charge  by  the 
guard  for  his  disorderly  conduct,  and  ordered  by  his  company  com^ 
mander,  Captain  William  H.  Sterling,  First  Infantry,  to  be  confined, 
did  resist  the  guard  until  overpowered  by  the  same.  This,  at  New 
Orleans,  La.,  on  the  Twelfth  day  of  September.  1868,  between  the 
hours  of  10  and  11  o'clock,  P.  M." 

PLEA.  —  To  the  Specification  of  First  Charge. — "  Guilty." 
To  the  First  Charge.— "Guilty." 

To  the  First  Specification  of  Second  C'hirge. — "  Guilty." 
To  the  Second  Specification  of  Second  Charge. — ' '  Guilty. " 
To  the  Second  Charge. — "Guilty." 

FiNDfNG.— Of  the  Specification  of  First  Charge. — "  Guilty. " 
Of  the  Fiist  Charge. — "Guilty." 
Of  the  First  Specifica'ion  of  Second  Charge. — ' '  Guilty." 
Of  the  Second  Specification  of  Second  Charge.—"  Guilty.  " 
Of  the  Second  Charge. — "  Guilty." 

SENTENCE.  —  "To  be  confined  at  hard  labor  in  charge  of  the  guard 
for  six  mouths,  and  to  forfeit  to  the  United  States  ten  dollars  per 
month  of  his  monthly  pay  for  the  same  period. " 


2.     Wagoner  JOHN  J.  TANDY,  Company  B,  First  Infantry. 

CHARGE  IST. — "  Violation  of  the  Forty-fifth  Article  of  War. " 

Specification. — "In  this,  that  he,  Wagoner  John  J.  Tandy,  Com- 
pany B,  First  Infantry,  was  found  drunk,  while  on  duty  with  his 
company,  doing  gnard  duty  at  the  TJ.  S.  Mint,  in  the  city  of  New 
Orleans,  La.,  during  the  night  of  the  Twelfth  and  Thirteenth  of 
September,  1868.  This  at  New  Orleans,  La." 

CHARGE  2D. — "  Conduct  to  the  prejudice  of  good  order  and  mili- 
tary discipline." 

Specification  First. — "  In  this,  that  he,  Wagoner  John  J.  Tandy, 
Company  B,  First  Infantry,  was  drunk  and  disorderly,  while  with  his 
company  on  board  of  the  steamer  '  Ella  Morse, '  en  route  from  New 
Orleans,  to  Jackson  Barracks,  La.,  between  the  hours  of  1  and  2 
o'clock,  A.  M.,  on  the  Thirteenth  of  September,  1868." 

Specification  Second. — "In  this,  that  he,  AVagoner  John  J.  Tandy, 
Company  B,  First  Infantry,  after  being  ordered  by  the  Sergeant  of 
the  Guard — Sergeant  Frederick  H.  Green,  Company  B,  First  Infan- 
try— to  give  up  his  arms  to  Private  Charles  Quinu,  Company  B,  First 
Infantry,  a  member  of  the  guard,  did  reply,  '  I'll  be  —  —  it  I  give 
my  musket  to  any man  as  long  as  I  have  sixty  rounds  of  ammu- 
nition about  me, '  or  words  to  that  effect.  This  on  board  of  the  steam- 
er '  Ella  Morse,'  en  route  from  New  Orleans  to  Jackson  Barracks,  La. , 
between  the  hours  of  1  and  2  o'clock,  A.  M. ,  on  the  Thirteenth  of 
September,  1868." 

Specificaton  77m  d. — "In  this,  that  he,  Wagoner  John  J.  Tandy, 
Company  B,  First  Infantry,  after  being  ordered  by  First  Lieutenant 
F.  E.  Pierce,  First  Infantry,  to  deliver  his  arms  to  the  Sergeant  of 
the  Guard — Serseant  Frederick  H.  Green,  Company  B,  First  In- 
fantry— did  refuse  to  do  so  and  did  resist  the  guard  until  disarmed 
by  force.  This  on  board  the  steamer  'Ella  Morse,'  en  route  from 
New  Orleans  to  Jackson  Barracks,  La.,  between  the  hours  of  1  and  2 
o'clock,  A.  M.,  on  the  Thirteenth  of  September,  1868." 

PLKA. — To  the  Specification  of  Firxl  Cliarge—  "  Guilty. " 
To  ike  First  Charge. — "  Guilty." 

To  the  First  Specification  of  Second  Charge. — "  Guilty." 
To  the  Second  Specification  of  Second  Charge. — •'  Not  Guilty. " 
To  the  Third  Specification  of  Second  Charge. — "  Guilty." 
To  theStcond  Charge. — "  Guilty.'' 

FINDING. — Of  the  Spec  fication  of  First  Charg\ — "Guilty." 
Of  the  Urst  Charge.—"  Guilty." 

Of  the  First  Sptdfication  <>f  Second  Charge. — "  Guilty." 
Of  the  Second  Specificatioji  of  Second  Charge. — "Guilty, 
with  the  exception  of  the  words  '  the  Sergeant  of  the  Guard— Ser- 
geant Frederick  H.  Green,  of  Company  B,  First   Infantry  '—and  sub- 


stitutiug  therefor,  '  Private  Charles  Quiiin,  Company  B,  First  Infan- 
try, member  of  the  guard. '  " 

Of  the  Tuird  Specification  of  Seco  <d  Charge. — "  Guilty." 
Of  the  Second  Charye. — "Guilty." 

SENTENCE. — "  To  be  confined  at  hard  labor  in  charge  of  the  guard 
at  such  place  as  the  Commanding  General  may  direct  for  the  period 
of  six  months,  and  to  forfeit  to  the  United  States  ten  dollars  per 
month  of  his  monthly  pay  for  the  same  period." 

3.    Private  WILLIAM  LOTJN,  Company  F,  First  Infantry. 

CHARGE.  — ' '  Desertion. " 

Specification. — "In  this,  that  he,  Private  William  Loton,  Company 
F,  First  Infantry,  a  duly  enlisted  soldier  in  the  service  of  the  United 
States,  did  desert  the  bame  at  Jackson  Barracks,  New  Orleans,  La., 
on  the  Third  day  of  April,  1867,  and  did  remain  absent  until  appre- 
hended at  Miliken,  Texas,  on  the  Thirtieth  day  of  July,  18G8.  Re- 
ward of  thirty  dollars  due  for  apprehension.  All  this  on  the  dates 
and  at  the  places  above  mentioned." 

PLEA. — To  the  Specification. —''Not  Guilty." 
To  the  Charge.—"  Not  Guilty." 

FINDING. — Of  the  Specific  .Hon.—"  Guilty. '' 
Of  the  Charge.—"  Guilty. " 

SENTENCE.  — "To  forfeit  •  to  the  United  States  all  pay  and  al- 
lowances that  are  now  due,  or  that  may  become  due  him ;  to  be  in- 
dellibly  marked  with  the  letter  '  D,'  one  and  a  half  inches  in  length  on 
his  left  hip;  and  three  days  thereafter  to  be, dishonorably  discharged 
and  drummed  out  of  the  service  in  presence  of  the  Command  to 
which  he  belongs;  and  afterwards  to  be  confined  at  hard  labor  at 
such  place  as  the  Commanding  General  may  direct  for  the  period  of 
three  years,  wearing  a  ball  weighing  twenty-four  pounds,  attached 
to  Iris  left  leg  by  a  chain  three  feet  in  length." 

•t.     Private  HIRAM  SPANGINBERG,  Company  E,  First  Infantry. 

CHARGE  IST. — "  Absence  without  leave." 

Specification. — "  In  this,  that  he,  Private  Hiram  Spangiuberg, 
Company  E,  First  Infantry,  did  absent  himself  without  permission 
from  proper  authority,  from  his  company  and  quarters,  from  after 
tattoo  roll-call  on  the  evening  of  September  4th,  1868,  until  12:30,  P. 
M.,  on  the  afternoon  of  September  5th,  1868,  when  he  was  arrested 
and  brought  back  by  a  file  of  the  guard  This  at  or  near  post  at 
Arnite,  La.,  on  or  about  the  dates  above  specified." 

CHARGE  2d. — "  Disobedience  of  orders." 

Specification,  First. — '-In  this,  thnt  he,  Private  Hiram  Spangin- 
berg,  Company  K,  First  Infantry,  did  visit  the  town  of  Amite,  La., 
without  permission  from  proper  authority,  this  in  direct  violation  of 
Special  Orders  No.  6,  dated  Headquarters,  Amite,  La.,  October  18th, 


1867.     This  at  or  near  post  at  Amite,  La.,    on  or  about  the  dates 
above  specified." 

Specification  Seconl  — "In  this,  that  he,  Private  Hiram  Spangin- 
berg,  Company  E,  First  Infantry,  being  seen  in  the  town  of  Ainite, 
La.,  by  his  commanding  officer,  Brevet  Major  II.  H.  Offley,  Captain, 
First  Infantry,  on  the  morning  of  September  5th,  1868,  and  having 
been  ordered  by  his  commanding  officer,  Brevet  Major  II.  H.  Offley, 
Captain,  First  Infantry,  to  come  to  him,  the  said  Brevet  Major  It.  H. 
Offley,  did  fail  to  comply  with  said  order,  but  did  continue  to  pro- 
ceed on  his  way  through  the  town  of  Amite,  La,  This  at  or  near 
post  at  Amite,  La.,  on  or  about  the  dates  above  specified." 

Specification  Third. — "  In  this,  that  he,  Private  Hiram  Spangia- 
berg,  Company  E,  First  Infantry,  did,  after  the  file  of  the  guard  had 
been  ordered  by  Brevet  Major  R.  H.  Offley,  Captain,  First  Infantry, 
to  halt,  did  fail  to  comply  with  said  order,  but  attempted  to  escape 
from  said  file  of  the  guard  by  running:  and  did  continue  to  run 
until  caught  by  Sergeant  Oriii  A.  Marvin,  Company  E,  First  Infantry, 
in  charge  of  said  file  of  the  guard,  and  brought  back  to  his  com- 
pany quarters.  All  this  at  or  near  post  of  Amite,  La,,  on  or  about 
the  dates  above  specified." 

PLEA. — To  the  Specification  of  First  Cliarye. — "  Guilty." 
To  the  First  Charge.—"  Guilty." 

To  the  First  Specification  of  Second  Charge.—"  Guilty. " 
To  the  Second  Specification  of  Second  Charge.--"  Not  Guilty/ 
To  the  Third  Specification  of  Second  Charge.—"  Not  Guilty." 
Td  the  Second  Cliarye. — "Guilty." 

FINDING. — Of  the  Specification  of  First  Charge. — "  Guilty." 
Of  the  First  Charge.—"  Guilty  -v 

Of  the  First  Specification  of  Second  Charge.  —  "Guilty." 
Of  the  Second  Specification  of  Second  Chary?.--"  Guilty." 
Of  the  Third  Specification  of  Second  Charge — "Guilty."' 
Of  the  Second  Charge. — "  Guilty." 

SENTENCE. — ''  To  be  confined  at  hard  labor  in  charge  of  tlw  guard 
for  the  period  of  four  months;  and  to   forfeit  to  the  United  States 
twelve  dollars  per  month  of  his  monthly  pay  for  the  same  period. " 
5.     Private  JOHN  MOLONEY,  Company  E,  First  Infantry. 
CHAKUE. — "Conduct   prejudicial    to  good  order     and    military 
discipline." 

Specification  First, — "In  this,  that  he,  the  said  Private  John  Molo- 
ney,  Company  E,  First  Infantry,  did  become  drunk  while  on  the 
sick  report  of  his  company,  and  when  ordered  to  his  tent  by  First 
Sergeant  William  Rowley,  Company  E,  First  Infantry,  did  fail  to 
obey  said  order  by  absenting  himself  from  his  company  and  post. 
AU  this  at  or  near  post  of  Amite,  La. ,  ou  or  about  the  Ninth  day  of 
August,  1868." 


Specification  Second. — "In  this,  that  he,  the  said  Private  John 
Moloney,  Company  E,  First  Infantry,  while  on  the  sick  report  of  his 
company,  did,  without  permission  from  proper  authority,  absent 
himself  from  his  company  and  post  by  visiting  the  city  of  Arnite, 
La.,  and  remain  so  absent  until  apprehended  and  brought  back 
drunk  by  Corporal  Michael  Callahan  and  Privates  John  Sheehan 
and  Henry  P.  Milton,  Company  E,  First  Infantry,  and  members  of 
the  guard.  All  this  at  or  near  post  of  Amite,  La.,  on  or  about  the 
Ninth  clay  of  August,  1868." 

Specification  Ihird. — "In  this,  that  he,  the  said  Private  John  Mo- 
louey,  Company  E ,  First  Infantry,  while  in  confinement  and  under- 
charge of  the  guard,  did  call  First  Sergeant  William  Rowley,  of 

said  company  and  regiment,  a  ' .'    All  this  at  or  near  post 

of  Ainite,  La.,  on  or  about  the  Ninth  day  of  August,  1868." 

Specification,  Fourth. — "In  this,  that  he,  the  said  Private  John 
Moloney,  Company  E,  First  Infantry,  while  in  confinement  and 
under  charge  of  the  guard,  did  call  Corporal  Michael  Callahan,  of 
said  company,  and  in  charge  of  said  guard,  a  '  —  — ,'  and  did 

throw  at  him,  the  said  Corporal  Michael  Callahan,  two  bowls.  All" 
this  at  or  near  the  post  of  Amite,  La.,  on  or  about  the  Ninth  day 
of  August,  18G8." 

PLEA.  —  To  the  First  Specification. — "Guilty." 
To  the  Second  Specification. — "  ciuilty. " 
To  the  Third  Specification. — "  Not  Guilty. " 
To  the  Fourth  Specification. — "Not  Guilty." 
To  the  Charge. — "Guilty." 

FINDING. — Of  the  First  Specification. — "Guilty." 
Of  the  Seconl  Specification.-—"  Guilty." 
Of  the  Third  Specification. — "Guilty.  ' 
Of  the  Fourth  Specification. — "  Guilty." 
Of  the  Charge. — "  Guilty." 

SENTENCE. — "To  be  confined  at  hard  labor  in  charge  of  the  guard 
for  the  period  of  three  months ;  and  to  forfeit  to  the  United  States 
ten  dollars  per  month  of  his  monthly  pay  for  a  like  period." 

6.     Private  CHARLES  G.»TLIEB,  Company  E,  First  Infantry. 

CHAKGE  IST. — "  Absence  without  leave." 

Specification. — "  In  this,  that  he,  Private  Charles  Gotlieb,  Com- 
pany E,  First  Infantry,  did  absent  himself,  without  permission  from 
proper  authority,  from  his  company  and  quarters  from  after  tattoo 
roll-call,  on  the  evening  of  September  4th,  18G8,  until  12:30,  P.  M., 
on  the  afternoon  of  September  5th,  1868,  when  he  was  arrested  and 
brought  back  by  a  file  of  the  guard.  This  at  or  near  post  at  Amite, 
La.,  on  or  about  the  dates  above  specified.'1 

CHAKUE  2i>. — "  Disobedience  of  orders." 


Spscijica'ion  First. — "In  this,  that  ho,  Private  Charles  Gotlieb, 
Company  K,  First  Infantry,  being  seen  ia  the  town  of  Amite,  Lu., 
by  his  commanding  officer,  Brevet  Major  11.  H.  Offley,  Captain, 
First  Infantry,  on  the  morning  of  September  5th,  1868,  and  having 
been  ordered  by  his  commanding  officer.  Brevet  Major  R.  H.  Offley, 
Captain,  First  Infantry,  to  come  to  him,  the  said  Brevet  Major  R. 
H.  Offlay,  did  fail  to  comply  with  said  order,  but  continued  to  pro- 
ceed on  his  way  through  the  town  of  A  mite,  La.  This  nt  or  near 
post  ot  Amite,  La.,  on  or  about  the  dates  above  specified." 

8 ^ecific-ilion  Second. — "  In  this,  that  he,  Private  Charles  Gotlieb. 
Company  E,  First  Infantry,  did,  after  a  file  of  the  guard  had  b.-.-n 
ordered  by  Brevet  -Major  II.  H.  Offley,  Captain,  First  Infantry,  to 
arrest  him,  and  after  being  ordered  by  Brevet  Major  R.  H.  Offk-y. 
Captain,  First  Infantry,  to  halt,  did  fail  to  comply  with  said  order, 
but  attempted  to  escape  from  said  file  of  the  guard  by  running,  and 
did  continue  to  run  until  caught  by  Sergeant  Orin  A.  Marvin, 
Company  E,  First  Infantry,  in  charge  of  said  file  of  the  guard,  and 
brought  back  to  his  company  quarters.  All  this  at  or  near  post  of 
Amite,  La.,  on  or  about  the  dates  above  specified." 
CHABGE  3D.  —  "  Violation  of  the  Forty-fourth  Article  of  War." 
Specificition. — "In  this,  that  he,  Private  Charles  Gotlieb,  Com- 
pany E,  First  Infantry,  having  bean  regularly  and  properly  detailed 
on  the  evening  of  September  4th,  1868,  as  a  member  of  the  guard 
to  be  mounted  at  the  post  of  Amite,  La.,  on  the  morning  of  Sep- 
tember 5th,  1868,  did  fail  to  appear  at  the  place  fixed  for  parade  <>i 
said  guard.  This  at  or  near  post  of  Amite,  La.,  on  or  about  the 
dates  above  specified. " 

PLEA. —  To  the  Specification  to  First  Chirge. —  "Guilty." 
To  thi  First  Cha'ge.— "Guilty." 

To  the  First  Specification  to  Sicond  Charge.  —  "  Not  <  ruilty.  " 
To  the  Sxond  Spedfii-  ttion  to  Sxond  Charge.  — ' '  Not  Guiit v. " 
Tc  the  Second  Charge. — "Not  Guilty." 
To  the  Specification  to  Third  Charge. —  "  Guilty." 
To  the  Third  Clvirg'.—"  Guilty.' 

FINDING. — Of  the  Specification  of  Fint    Charge. — "Guilty." 
Of  Vie  First  Charge.—"  Guilty." 

Of  the  First  Specification  to  Second  Charge. — "Guilty." 
Of' i he  Second  Specification  to  Second  Charge. — "Guilty." 
Of  the  Sicond  Charge. — "Guilty." 
Of  the  Specification  to  Third  Chirge. — "  Guilty." 
OftJie  Third  Charge.— "Guilty." 

SENTENCE. — "  To  be  confined  at  hard  labor  in  charge  of  the  guard 
for  the  period  of  five  months,  and  to  forfeit  to  the  United  States 
twelve  dollars  per  mouth  of  his  monthly  pay  for  the  saun-  period." 


7.  Private  MICHAEL  LEADTHAM,  Company  K,  First  Infantry. 
CHARGE. — •"  Violation  of  the  Fiftieth  Article  of  War." 
Specification. — "In  this,  that  Private  Michael  Leadtham,  Compa- 
ny K,  First  Infantry,  having  been  regularly  detailed  as  a  member  of 
the  guard  at  Headquarters,  Diparttnent  of  Louisiana,  on  duty  from 
7:30,  P.  M.,  on  the  Ninth  of  September,  1868,  until  7:30,  P.  M.,   on 
the  Tenth  of  September,   18G8,  did,    without  urgent    necessity,  or 
leave  from  his  superior  offioar,  quit  said  gu  irdat  10:30  o'clock,  P.  M. , 
ou  the  Ninth  of  September,  1808,  and  did  remain  absent  until  about 
7  o'clock,  P.   M. ,  on  the  Tenth  of  September,   1868.     This  at  New 
Orleans,  L:i  ,  ou  or  about  the  above  dates.  " 

PL.EA.  —  To  the  Specification. — "Guilty." 

To  thi  Chary,'. —  "  Guilty. " 
FINDING.  —  Of  lite  Specification. — "Guilty. " 

Of  the  Uiarijc. —  "Guilty." 

SKNTENCK.— "  To  be  confined  at  hard  labor  in  charge  of  the  guard 
for  three  months,  and  to  forteit  ten  dollars  per  month  of  his  mouth- 
iy  pay  for  the  same  period.'' 

8.  Musician  DENIS  UOWD,  Company  A,  First  Infantry. 
CHA.IUJK.— "  Conduct  prejudicial  to  good  order  and  military  dis- 
cipline." 

Specified1,  ion  First. — "  lathis,  that  Musician  DanisDowd,  Company 
A,  First  Infantry,  did  absent  himself  from  dress  parade  and  guard 
mounting  without  permission  Irotn  proper  authority.  This  at  Sedg- 
wick  Barracks,  Greenville,  La.,  ou  or  about  the  Twenty -fourth  day 
of  August,  1868." 

Specification  Second.  —  "In  this,  that  Musician  Denis  Dowd,  Com- 
pany A,  First  Infantry,  having  been  ordered  confined  in  the  post 
guard  house  by  Second  Lieutenant  George  W.  Itoby,  First  Infantry, 
Post  Adjutant,  did  resist  Sergeant  Thomas  Garviu,  Company  C,  First 
Infantry,  (the  said  fcergeant  Thomas  Garvin  being  at  the  time  in  the 
execution  of  his  office, )  by  striking  and  knocking  him,  the  said  Ser- 
geant Thomas  Garvin  down.  This  at  Sedgwick  Barracks,  Green- 
vilie,  La.,  on  or  about  the  Twenty-fourth  day  of  August,  1868." 

Specification  Third. — "In  this,  that  Musician  Denis  Dowd,  Compa- 
ny A,  First  Infantry,  having  been  ordered  confined  in  the  post 
guard  house  by  Second  Lieutenant  George  W.  Roby,  First  Infantry, 
Post  Adjutant,  did  resist  Sergeant  Thomas  Garvin,  Company  C,  First 
Infantry,  (the  said  Sergeant  Thomas  Garvin  being  at  the  time  in  the 

execution  of  his  office,)  and  did  say  in  words  or  figures  'you , 

I  will  get   even  with  you.'    This  at  Sedgwick  Barracks,  Greenville, 
La.,  on  or  about  the  Twenty-fourth  day  of  \ugust,  1868." 

PLEA.  —  To  the  First  Specification.--"  Guilty." 

To  the  Second  Specification.  -"Not  Gnilty." 


To  the  Third  Specified' ion.—'-  Not  Guilty." 
To  the  Charge.—"  Guilty." 
FINDING. — Of  the  First  Specification. — •"  Gnilty." 

Of  the  Second  Specific'ititm . — "  Not  Guilt}'. " 

Of  the  Third  Specification — "  Guilty,  excepting  the  words 


Of  the  Cftanye—  "Guilty." 

SENTENCE. — "To  be  coufined  at  hard  labor  m  charge  of  the  guard 
for  the  period  of  three  mouths,  and  to  forfeit  to  the  United  States 
twelve  dollars  per  month  of  his  monthly  pay  for  the  same  period." 

9.  Private  CHARLES  LINDER,  Company  F,  First  Infantry. 
CHABGE. —  ''Desertion." 

Specification.— "In  this,  that  he,  Private  Charles  Liiuler,  Company 
F,  First  Infantry,  having  been  duly  enlisted  in  the  service  of  the 
United  States,  did  desert  the  same  at  Jackson  Barracks,  La.,  on  or 
about  the  Sixth  day  of  August,  18(57,  and  did  remain  absent  until 
apprehended  at  New  Orleans,  La  ,  September  loth,  1868.  Thirty 
dollars  paid  for  his  apprehension.  All  this  on  the  dates  and  at  tin; 
places  above  mentioned." 

PLEA. — To  the  Specification.—"  Guilty." 
To  Uie  Charg  .— "Guilty." 

FINDING. — Of  the  Specification. — "Guilty." 
Of  the  Ck'irye. — "  Guilty." 

SENTENCE. — "To  forfeit  all  pay  and  allowances  that  are  now  due 
or  that  may  become  due  him ;  to  be  iudelhbly  marked  with  a  letter 
'D'  one  and  a  half  inches  in  length  on  his  left  hip,  and  three  days 
afterwards  to  be  dishonorably  discharged  and  drummed  out  of  the 
service  in  presence  of  the  command  to  which  he  belongs;  and  then 
to  be  confined  ut  hard  labor  for  the  period  ot  three  years  at  such 
place  as  the  Commanding  General  may  direct,  wearing  a  baU'weigh- 
ing  twenty-four  pounds  attached  to  his  left  leg  by  a  chain  three  feet 
in  length." 

10.  Musician  EDWABD  CONWAY,  Company  A,  First  Infantry. 
CHARGE. — "Conduct  prejudicial  to  good  order  and  military  dis- 
cipline." 

SpecificaliO'i  First. — "  In  this,  that  Musician  Edward  Conway, 
Company  A,  First  Infantry,  did  absent  himself  from  dress  parade 
and  guard  mounting  without  permission  from  proper  authority. 
This  at  Sedgwick  Barracks,  Greenville,  La.,  on  or  about  the  Twen- 
ty-fourth day  of  August,  1868." 

Specification  Second. — "  In  this,  that  Musician  Edward  Conway, 
Company  A,  First  Infantry,  having  been  ordered  confined  in  the 
post  guard  house  by  Second  Lieutenant  George  W.  lioby,  First  In- 
fantry, Post  Adjutant,  did  resist  Sergeant  Thomas  Garviu,  Company 


9 

C,  First  Infantry,  (tbe  said  Sergeant  Thomas  Gnrviti  being  at  the 
time  in  the  execution  of  his  office,)  by  striking  ami  knocking  him, 
the  said  Sergeant  Thomas  Garvin,  down.  This  at  Sedgwick  Bar- 
racks, Greenville,  La.,  on  or  about  the  Twenty- fourth  day  of  August , 
1868." 

Specification-  Third.— "In  this  that  Musician  Edward  Conway, 
Company  A,  First  Infantry,  having  been  ordered  confined  in  the 
post  guard  house  by  Second  Lieutenant  George  W.  Roby,  First  In- 
fantry, Post  Adjutant,  did  resist  Sergeant  Thomas  Garvin,  Company 
C,  First  Infantry,  (the  said  Sergeant  Thomas  Garvin  being  at  the 
time  in  the  execution  of  his  office,)  and  did  say  in  words  or  figures 
to-wit:  'You  —  — ,  I  will  get  even  with  yon.'  -  This  at  Sedg- 
wick Barracks,  Greenvilie,  La.,  on  or  about  the  Twenty- fourth  day . 
of  August,  1868." 

PLEA.— 7b  the  First  Specification.—"  Guilt}-." 

To  the  Second  Specifi&tfion. — "Not  Guilty." 
To  the.  Third  Specification.— "Sot  Guilty." 
To  the  Charge.— "Guilty." 
FINDING. — Of  the  first  Specifiottior. — "Guilty." 

Of  the  Second  Specification. — "Guilty,  with  the  cxcqition 
of  the  words  '  and  knocking '  and  '  down.'  " 

Of  the  Third  Specification.— "  Guilty,  with  the  excep- 
tion of  the  words  ' ,  I  will  get  even  with  you.'  " 

Of  the  Cliarge — "Guilty." 

SENTENCE. — -'To  be  confined  at  hard  labor  in  charge  of  the  guard 
for  the  period  of  five  mouths." 

11.  Private  JAMES  DOLAN,  Light  Battery  K,  First  Artillery. 
CHABGE. — "  Drunkenness  on  duty,  to  the  prejudice  of  good  or- 
der and  military  discipline." 

Specification.— "In  this,  that  Private  James  Dolan,  laght  Battery 
K,  First  Artillery,  having  been  duly  detailed  for  guard  duty,  did  be- 
come so  drunk  as  to  be  unable  to  properly  perform  said  duty.  All 
this  at  Sedgwick  Barracks,  Greenville,  La.,  on  or  about  the  Twelfth 
day  of  August,  1868." 

PLEA.— To  the  ftyecifieulion,—"  Not  Guilty." 
To  the  Charge.— "  Not  Guilty." 

FINDING.— Of  the  Specification.— "Xot  Guilty." 
Of  the  Charge.— "Not  Guilty." 

''  And  the  Court  does  therefore  acquit  him.  ' 

12.  Private  JOHN  BOMAS,  Company  C,  First  Infantry. 
CHARGE. — "Neglect  of  duty,  to  the  prejudice  of  good  order  and 

military  discipline." 

Specification. — "  In  this,  that  Private  John  Bomas,  Company  C, 
First  Infantry,  being  a  member  of  the  post  guard,  mounted  at  Sedg- 


10 

wick  Barracks,  Greenville,  La,. ,  on  the  morning  of  the  Eighth  Sep- 
tember, 1868,  and  having  been  regularly  assigned  to  post  No.  6,  a  su- 
pernumerary posi,  did,  while  in  charge  of  three  prisoners,  at  or  about 
8,  A.  M.,  on  the  morning  of  the  Ninth  September,  18G8,  allow  them 
to  purchase  or  procure  a  bottle  or  bottles  of  whisky  and  convey  the 
same  into  the  prison  room  of  the  guard  house.  This  at  Greenville, 
La.,  on  or  about  the  Ninth  day  of  September,  1868." 

PLEA. — To  the  Specification.  — "  Not  Guilty." 
To  the  Ch-irge.—"Not  Guilty." 

FINDING. — Of  the  Specification. — "Not  Guilty." 
Of  the  Chartje.— "Not  Guilty." 

"And  the  Court  does  therefore  acquit  him." 

13.     Private  THOMAS  JONES,  Company  C,  First  Infantry. 

CHARGE.—"  Violation  of  the  Forty-fifth  Article  of  War." 

Specification. — "In  this,  that  he,  Private  Thoines  Jones,  Company 
C,  First  Infantry,  being  a  member  of  the  guard  stationed  at  Green- 
ville, La. ,  did  become  drunk,  so  much  so,  as  to  be  utterly  incapable 
of  performing  his  duties  as  a  member  of  said  guard.  This  at 
Greenville,  La.,  on  or  about  the  Eleventh  day  of  September,  1868." 

PLEA. — To  ike  Specification. — ' '  Guilty. ' ' 
To  the  Charge.— "Guilty." 

FINDING. — Of  the  Specification. — "  Guilty." 
Of  the  Charge.—"  Guilty. " 

SENTENCE. — "To  be  confined  at  har.i  labor  in  charge  of  the  guard 
for  the  period  of  four  months." 


II.     The  proceedings  and  findings  in  the  foregoing  cases  are  ap- 
proved.    The  sentences  in  the  cases  of—- 
Musician Denis  Dowd,  Company  A,  First  Infantry, 

"        Edward  Conway,     "        "       "  " 

Private    John  A.  Gallaghan,  Company  B,  First  Infantry, 
Wagoner  John  J.  Tandy,  "  "      "  " 

Private    Thomas  Jones,  "         C,      "          " 

John  Bornas,  ''  "       " 

"          Charles  Gotlieb,  "          E,      "          " 

"          John  Moloney,  "  "       "          " 

"          Hiram  Spanginberg,       "  "       "          " 

"          William  Loton,  "         F,      "          " 

' '          Michael  Leadtham,        "         K,      "          " 
"          James  Bolan,  Light  Battery  K,  First  Artillery,    are  con- 
firmed and  will  be  duly  executed. 

In  the  cases  of  Wagoner  Tandy  and  Private  Lotou,   Ship  Island, 
Miss.,  is  designated   as  the  place  of  confinement. 


11 


Upon  the  recommendation  to  clemency  by  the  Court  so  much 
of  the  sentence  in  the  case  of  Private  Linder  as  provides  that  he 
"be  indellibly  marked  with  a  letter  '  D,'  one  and  one-half  inches 
in  length  on  his  left  hip,  and  that  he  be  confined  at  hard  labor  for 
the  period  of  three  years  at  such  place  as  the  Commanding  General 
may  direct,  wearing  a  ball  weighing  twenty-four  pounds  attached  to 
his  left  leg  by  a  chain  three  feet  in  length,"  is  remitted.  The  re- 
mainder is  confirmed  and  will  be  duly  executed  upon  receipt  of  this 
order  at  the  post  where  he  may  be  serving. 
BY  COMMAND  OF  BKEVET  MAJOR  GENERAL  L.  H.  KOUSSBAU  : 

H.  NEILL, 

Ma^jdr,  Twentieth  Infantry/  Brevet  BVigadier  General,  U.  S.  A., 
OFFICIAL/    ,' /   ,  -    Acting  Assistant  Admtant  General. 


Se/ Lieut.,  Thirty-seventh  Inf.,  Bvt.  FirsFLieut.,  U.  S.  A., 
Acting  Assistant  Adjutant  General. 


HEADQUARTERS,  DEPARTMENT  OF  LOUISIANA, 

GENERAL  ORDERS  j  New  Orleans,  La.,  Oct.  24,  1868. 

I.  Before  a  General  Court  Martial  which  convened  at  Fort  Smith, 
Arkansas,  by  virtue  of  Paragraph  3,  Special  Orders  No.  17,  current 
series,  from  these  Headquarters,  of  which  Lieutenant  Colonel  Pinck- 
iiey  Lugenbeel,  Nineteenth  Infantry,  is  President,  were  arraigned 
and  tried: 

1.  Corporal  SAMUEL  B.  HENDERSON,  Company  I,  Nineteenth 
Infantry. 

CHARGE  IST. — "  Conduct  prejudicial  to  good  order  and  military 
discipline." 

Specification. — "In  this,  that  he,  Corporal  Samuel  B.  Henderson, 
Company  I,  Nineteenth  Infantry,  after  being  duly  detailed  and 
mounted  as  non-commissioned  officer  in  charge  of  the  regular  post 
guard,  mounted  at  the  post  of  Dover,  Ark. ,  on  the  morning  of  the 
Twenty-third  day  of  July,  1868,  did  allow  the  sentinels  on  post  to 
quit  their  post,  lay  aside  their  arms,  and  sit  on  a  chair  in  the  entry 
of  the  guard  house,  while  he,  the  said  Corporal  Samuel  B.  Hender- 
son, sat  in  the  said  entry  engaged  in  playing  cards  with  the  enlisted 
men  belonging  to  the  guard.  All  this  at  Dover,  Ark.,  on  or  about 
the  Twenty-third  day  of  July,  1868." 

CHARGE  2o. — "  Neglect  of  duty." 

Specification  —  "In  this,  that  he,  the  said  Corporal  Samuel  B. 
Henderson,  Compauy  I,  Nineteenth  Infantry,  after  having  been  duly 
detailed  and  mounted  as  non-commissioned  officer  in  charge  of  the 
regular  post  guard  at  the  post  of  Dover,  Ark  ,  on  the  morning  of  the 
Twenty-third  day  of  July,  1868,  and  being  the  only  non-commis- 
sioned officer  mounted  with  said  guard,  did  fail,  refuse  and  neglect 
to  accompany  the  relief  when  going  round  for  the  purpose  of  re- 
lieving the  sentinels,  but  did  allow  said  relief  to  go  round  unaccom- 
panied by  any  non-commissioned  officer,  and  relieve  themselves  at 
their  own  pleasure.  This  while  he,  the  said  Corporal  Samuel  B. 
Henderson,  Company  I,  Nineteenth  Infantry,  Corporal  of  the  guard, 
sat  in  the  entry  of  the  guard  house,  engaged  in  playing  cards  with 
members  of  the  guard.  All  this  at  Dover,  Ark.,  on  or  about  the 
I'  Twenty-third  day  of  July,  1868." 

PLEA. — To  the  Specification  to  First   Charge. — "Guilty,   except  the 
words,   '  engaged  in  playing  cards  with  members  of  the  guard. ' " 
To  the  First  Charge.—"  Guilty." 


To  the  Specification  to  Second  Charge.—"  Guilty,  except  the 
words,  '  engaged  in  playing  cards  with  the  enlisted  men  belonging 
to  the  guard. '  " 

'lo  the  Second  Charge. — "  Guilty." 

FINDING. — Of  tni  Specification  lo  First  Charge. — "  Guilty." 
Of  the  First  Charge.—'1  Guilty." 
Of  the  Specification  to  Second  Cliaige. — "Guilty." 
Of  the  Second  Charge. — "Guilty." 

SENTENCE. — "To  be  reduced  to  the  ranks  as  a  private  sentinel;  to 
be  confined  at  hard  labor  in  charge  of  the  guard  for  three  mouths, 
and  to  forfeit  to  the  United  Sta  tes  ten  dollars  of  his  pay  per  mouth 
for  the  same  period. " 

2.  Private  DENIS  CABROLL,  Company  E,  Nineteenth  Infantry. 
CHARGE. — "Disobedience  of  orders." 

Specification. — "In  this,  that  he,  Private  Denis  Carroll.  Company 
E,  Nineteenth  Infantry,  after  hearing  the  following  order  published 
to  the  company,  (E,  Nineteenth  Infantry,)  viz: 

'  HEADQUAHTEKS,  FORT  SMITH,  AUK., 

September  26th,  1868. 

'  CIRCULAK. — All  officers  and  men  of  this  command  are  hereby  prohibited 
from  leaving  the  military  reservation  of  this  post  from  retreat  this  evening 
until  reveille  to-morrow  morning. 

'  By  order  of  Lieutenant  Colonel  P.  Lugenbeel,  Nineteenth  Infantry: 
(Signed,)  -J.G.  LEEFE, 

First  Lieutenant,  Adjutant,  Nineteenth  Infantry, 

Brevet  Captain,  U.  S.  Army,  Post  Adjutant. 

did  wilfully  disobey  said  order,  and  did  leave  the  military  reserva- 
tion of  the  post  and  remain  absent  until  arrested  by  a  patrol.  All 
this  at  or  near  Fort  Smith,  Ark. ,  on  or  about  tiie  Twenty-sixth  day 
of  September,  1868. " 

PLEA. — To  the  Specification. — "  Guilty." 

To  the  Charge.—"  Guilty." 
FINDING. — Of  the  Specification. — "Guilty." 

Of  the  Charge. — "  Guilty." 

SENTENCE.— "To  forfeit  to  the  United  States  all  pay  and  allow- 
ances now  due  or  to  become  due,  except  the  just  dues  of  the  laun- 
dress; to  be  confined  at  hard  labor  in  charge  of  the  guard  until  the 
Twenty-fourth  day  of  May,  1869,  and  at  the  expiration  of  that  time 
to  be  dishonorably  discharged  the  military  service  of  the  United 
States." 

3.  Private  WILIJAM  GOLDEN,  Company  A,  Nineteenth   Infantry. 
CHARGE. — "Disobedience  of  orders." 

Specification.— "In  this,  that  he,  Private  William  Golden,  Com- 
pany A,  Nineteenth  Infantry,  did  wilfully  disobey  a  positive  order 
of  his  commanding  officer.  Lieutenant  Colonel  Piuckiiey  Lugenbeel, 


3 

Nineteenth  Infantry,  that  no  officer  or  enlisted  man  belonging  to  the 
garrison  of  Fort  Smith,  should  be  absent  after  retreat  on  Saturday, 
September  26th,  1868.  All  this  at  Fort  Smith,  Ark.,  on  or  about 
September  26th,  1868." 

Pi^Ei. — To  th?  Specification. — "Not  Guilty." 
To  the  Charge. — "Not  Guilty." 

FINDING. — Of  the  Specific  iti  >«. — "Guilty. " 
Of  the  Charge. — "  Guilty." 

SENTENCE. — "  To  forfeit  to  the  United  States  all  pay  and  allow- 
ances now  due  or  to  become  due,  except  the  just  dues  of  the  laun- 
dress, and  to  be  dishonorably  discharged  the  military  service  of  the 
United  States." 

4.     Private  FREDERICK  GEUST,  Company  E,  Nineteenth  Infantry. 

CIIAUUE  IST. — "  Disobedience  of  orders." 

Specification,  —  "la  this,  that  he,  Private  Frederick  Gerst,  E  Com- 
pany, Nineteenth  Infantry,  al'ier  hearing  the  following  order  pub- 
lished to  the  company,  (E,  Nineteenth  Infantry),  viz: 

'HlCADCJUAUTKKS,  FoKT  SMITH,  AKK., 

September,  26th,  18G8. 

'CiiiCuLA.it. — All  officers  and  men  of  this  command  are  hereby  prohibited 
from  leaving  the  military  reservation  of  this  post  from  retreat  this  evening, 
until  reveille  to-morrow  morning. 

'  By  order  of  Lieutenant  Colonel  P.  Lugenbeel,  Nineteenth  Infantry. 
(Signed,)  '  J.  G.  LEEFE, 

First  Lieutenant  anil  Adjutant,  Nineteenth  Infantry, 

Brevet  Captain,  U.  S.  Army,  Post  Adjutant.' 

did  wilfully  disobey  said  order,  and  did  leave  the  military  reserva- 
tion of  the  post,  and  remain  absent  until  arrested  by  a  patrol.  All 
this  at  or  near  Fort  Smith,  Ark.,  on  or  about  the  Twenty-sixth  day 
day  ol  September,  1868. " 

CHAKGE  2D. — "Habitual  drunkenness  and  general  worthlessness 
as  a  soldier." 

Specification. — "  In  this,  that  lu>,  Private  Frederick  Gerst,  E  Com- 
pany, Nineteenth  Infantry,  has,  from  the  habitual  use  of  intoxica- 
ting liquors,  rendered  himself  unreliable  and  worthless  as  a  soldier, 
and  dangerous  to  the  lives  of  men  of  his  company.  All  this  at  or 
near  Fort  Smith,  Ark.,  from  December  4th,  1867,  until  September 
26th,  1868." 

PL.EA. — To  the  Specification  to  First  Charge. — "Not  Guilty." 
To  the  Fir.it  Charge. — "Not  Guilty." 
To  the  Specification  to  Second  Charge. — "Not  Guilty." 
To  the  Second  Charge. — "Not  Guilty." 
FINDING. — Of  the  Specification  10  First  Charge. — "  Guilty." 
Of  the  First  Charge. — "Guilty." 

Of  the  Specification  to  Second  Charge. — "  Guilty,  except 
the  words,  'and  dangerous  to  the  lives  of  men  of  his  company.'  " 
Of  the  Second  Charge. — "Guilty." 


SENTENCE. — "To  forfeit  to  the  United  States  all  pay  and  allow- 
ances now  due  or  to  become  due,  except  the  just  dues  of  the  laun- 
dress, and  to  be  dishonorably  discharged  the  military  service  of  the 
United  States." 

5.     Private  JEROME  B.  GBEOTT,  Company  E,  Nineteenth  Infantry. 

CHARGE  IST. — "  Drunkenness  on  duty,  in  violation  of  the  Forty- 
fifth  Article  of  War." 

Specification. — "In  this,  that  he,  Private  Jerome  B.  GreoU,  Com- 
pany E,  Nineteenth  Infantrj-,  being  on  police  duty,  did  become  so 
drunk  as  to  unfit  him  for  the  performance  of  his  duties.  All  this  at 
or  near  Fort  Smith,  Ark.,  on  or  about  the  Twenty -third  day  of  Ssp- 
tember,1868." 

CHARGE  2o. — "Conduct  to  the  prejudice  of  good  order  and  mili- 
tary discipline." 

Specification. — "In  this,  that  he,  Private  Jerome  B.  Gre;-tt,  Com- 
pany E,  Nineteenth  Infantry,  having  been  ordered  by  Sergeant 
George  Edwards,  Company  E,  Nineteenth  Infantry,  to  go  away  from 
the  guard  hon.se,  did  refuse  to  do  so,  and  did  reply  '  I  guess  you  will 
not  hurt  anybody,'  or  words  to  that  effect.  All  this  at  or  near  Fort 
Smith,  Ark.,  on  or  about  the  Twenty-third  day  of  September,  18G8." 

PLEA. — To  the,  Specification  to  First  Clvirge. — "Not  Guilty." 
To  tin  First  Cliargs. — "Not  Guilty." 
To  the  Specification  to  Second  Churqe. — ''  Guilty." 
To  the  Si  and  Charye. — "  Guilty." 

FINDING. — Of  the  Specification  to  First  Ch.rge. — "Not  Guilty." 
Of  the  First  Charge.— "Not  Guilty." 
Of  the    Specification  to  Second  Clinrje. — "Guilty." 
Of  the  Stcond  Charqe. — "Guilty." 

SENTENCE. — "  To  be  confined  at  hard  labor  in  charge  of  the  <  uard 
for  the  period  of  two  mouths  lr.>rn  the  Second  day  of  October,  18G8, 
and  to  forfeit  to  the  United  States  ten  dollars  ol  his  pay  per  mouth 
for  the  same  time." 


II.     The  proceeediugs  and  findings  in  the  cases  of — 

Corporal  Samuel  B.  Henderson,  Company  I,  Nineteenth  Infantry. 

Private  Denis  Carroll,     .  "        E,  "  " 

"        Jerome  B.  Greott,  "         "  "  " 

"        William  Golden,  "        A,  "  " 

are  approved.  The  sentence  in  the  case  of  Private  William  Golden, 
Company  A,  Nineteenth  Infantry,  is  confirmed  and  will  be  duly  ex- 
ecuted. 

In  the  case  of  Corporal  Henderson,  so  much  of  the  sentence  as 
provides  that  he  be  "  reduced  to  the  ranks  as  a  private  sentinel,"  is 
disapproved.  The  remainder  is  confirmed  and  will  be  duly  executed. 


la  accordance  with  the  recommendation  of  the  Court,  the  sen- 
tence in  the  case  of  Private  Carroll  is  mitigated  to  "  confinement  at 
hard  labor  in  charge  of  the  guard  until  the  Thirty- first  day  of  De- 
cember, 1868,  and  forfeiture  of  ten  dollars  per  month  of  his  pay  for 
the  period  of  three  months." 

In  the  case  of  Private  Jerome  B.  Greott,  Company  E,  Nineteenth 
Infantry,  the  sentence  is  disapproved  for  the  reason  that  the  Court 
has  improperly  attempted  to  fix  the  date  at  which  the  confinement 
shall  commeuce — before  force  and  effect  had  been  given  to  the  sen- 
tence by  the  approval  of  the  reviewing  officer.  He  will  be  released 
from  confinement  and  restored  to  duty. 

The  proceedings  and  findings  in  the  case  of  Private  Frederick 
Gerst,  Company  E,  Nineteenth  Infantry,  upou  the  first  charge  and 
its  specification,  are  approved.  Upon  the  second  charge  and  its  speci- 
fication they  are  disapproved,  for  the  reason  that  no  offence  is 
named  by  the  charge.  The  specification  to  the  second  charge 
would  properly  have  supported  a  charge  under  the  Ninety -ninth  Ar- 
ticle. The  sentence  is  confirmed  and  will  be  duly  executed. 
BY  COMMAND  OF  BUBVRT  MAJOR  GICNEUAL  L.  H.  ROUSSEAU: 

NEILL, 


Twentieth  Infantry 
Acting  Ass 


ygadier  General,  U.  S.  A., 
tant  General. 


c.  Lieut.,  Thirty-wreath  Inf.,  Bvt.  First  Lieut.,  U.  S.  A., 
Acting  Assistant  Adjutant  General. 


HEADQUARTERS,  DEPARTMENT  OF  LOUISIANA, 

GENERAI,  ORDERS |  New  Orleans,  La.,  Oct.  26,  1868. 

I.  Before  a  General  C'juvi  Martial  which  convened  at  Jackson 
Barracks,  La.,  by  virtue  of  Paragraph  1,  Special  Orders  No.  33,  cr~- 
rent  series,  from  thes3  Hea""  juirters,  of  which  Lieutenant  Col- 
onel. William  H.  Wood,  First  Infantry,  is  President,  were  arraigned 
and  tried: 

1.     Sergeant  JOHN  KING,  Company  I,  First  Infantry. 

^IIARGK. — "Conduct  prejudicial  to  good  order  and  military  <3;s- 
cipliue." 

Specification  First. — "In  this,  that  S3rgeant  John  King,  Company 
I,  First  Infantry,  having  bsen  duly  and  regularly  detailed  as  Ser- 
geant of  the  guard,  stationed  over  the  magazine  at  Jackson  Barracks, 
La.,  for  the  purpose  of  protecting  and  preserving  the  same,  d:d 
\i  Ithdraw,  or  cause,  or  permit  to  be  withdrawn,  without  proper 
authority,  the  sentinel  posted  immediately  over  the  entrance  to  the 
said  magazine,  without  replacing  him  by  another  sentinel,  and 
without  taking  any  measures  to  do  so,  thus  exposing  the  stores  cor- 
tained  within  the  said  magazine,  to  the  possibility  of  destruction  or 
theft,  to  th3  prejudice  of  good  ordsr  and  military  discipline.  Th's 
on  or  about  the  night  of  October  1st,  1868,  between  the  hours  of 
twelve  and  two  o'clock. " 

Specificotiian  Second. — "  In  this,  that  Sergeant  John  King,  Com- 
pany I,  First  Infantry,  having  withdrawn,  or  caused  or  permitted  to 
be  withdrawn,  the  sentinel  stationed  over  the  entrance  to  the  magf  - 
zine  at  Jackson  Barracks,  La.,  did  permit  the  said  sentinel,  to- 
gether with  all  the  other  members  of  the  guard,  to  retire  to  the 
guard  house,  a  distance  of  one  hundred  and  fifty  yards,  more  or  less, 
from  the  said  magazine,  and  lie  down,  with  the  evident  purpose  of  go- 
ing to  sleep,  to  the  prejudice  of  good  order  and  military  discipline. 
This  OH  or  about  the  night  of  October  1st,  1868,  between  the  hours 
of  twelve  and  two  o'clock." 

Specification  Third.— "la.  this,  that  Sergeant  John  King,  Com- 
pany I,  First  Infantry,  having  been  regularly  detailed  and  placed  on 
duty  as  Sergeant  of  the  magazine  guard  at  Jackson  Barracks,  La. , 
and  having  permitted  the  said  guard  all  to  lie  down  within  the  guard 
house,  with  the  apparent  purpose  of  sleeping,  did,  when  the  said 
gaard  was  visited  by  the  Officer  of  the  Day,  First  Lieutenant  Wil- 
liam E.  Dougherty,  First  Infantry,  present  himself  before  the  guard 
house,  to  the  Officer  of  the  Day,  without  his  shoes,  and  when  ordered 


by  the  Officer  of  the  Day  to  proceed  to  the  main  guard  house,  within 
the  garrison,  did  say,  'wait  for  the  other  sentinel  who  is  on  post, 
or  words  of  similar  import,  with  the  evident  intention  of  deceiving 
the  Officer  of  the  Day,  he,  the  said  Sergeant  John  King,  well  know- 
ing that  no  sentinel  was  on  post  from  his  guard.     This   on  or  about 
the  night  of  October  1st,  1868,  between  twelve  and  two  o'clock." 
.     PLEA. — To  the  First  Specification. — "  Not  Guilty." 
To  IheSte.nd  Specification.— "Not  Guilty." 
To  the  Third  Specification. — ''Guilty,    except   the   words, 
'  having  permitted  the  said  guard  to  lie  down,'  and  the  words,  '  he,  the 
said  Sergeant  John  King,  well  knowing  that  no  sentinel  was  on  post 
from  his  guard.'  " 

To  the  Cft-irje.— "Not  Guilty." 
FINDING. — Of  the  First  bpecifiaation. — "  Guilty." 
Of  the  Second  Specification . — "  Guilty. '' 
Of  the  Third  Specification.— "  Guilty." 
Of  the  Uiarqf. — ' '  Guilty. " 

SENTENCE. — '•  To  be  reduced  to  theguvde  of  a  private.  The  Court 
is  thus  lenient  in  consideration  of  the  previous  good  conduct  of  the 
accused,  as  shown  by  the  testimony  in  his  case." 

2.  Private  JOSEPH  GUANT,  Company  A,  First  Infantry. 
CHAUGE. — "Violation  of  the  Forty-fifth  Article  of  War." 
Specification. — "In  this,  that  Private  Joseph  Grant,  Company  A, 

First  Infantry,  having  been  duly  and  regularly  detailed  a  member 
of  the  guard,  and  mounted  at  Headquarters,  Department  of  Louis- 
iana, did  become  so  drunk  as  to  render  him  unfit  to  perform  the  du- 
ties of  a  sentinel.  This  at  New  Orleans,  La.,  on  or  about  the  Tenth 
day  of  September,  1868." 

PLEA. — To  the  Specification. — "Not  Guilty." 
To  the  Charge.—  "Not  Guilty." 

FIND. NO. — Of  the  Specification. — "  Guilty." 
Of  the  Chanje.— "Guilty." 

SKNTENCK. — "  To  be  confined  at  bald  labor  in  charge  of  the  guard 
for  the  period  of  three  months. " 

3.  Private  HENRY  STEVENS,  Company  C,  First  Infantry. 
CHARGE. —  "  Violation  of  the  Forty-sixth  Article  of  War." 
Specification. — "In  this,  that  Private  Henry  Stevens,  Company  C, 

First  Infantry,  being  a  member  of  the  guard,  mounted  at  Sedgwick, 
Barracks,  Greenville,  La.,  on  the  evening  of  August  21st,  1888,  and 
being  duly  posted  as  a  sentinel  at,  or  about  half-past  two  o'clock,  A, 
&!.,  on  the  following  day,  did  fall  asleep  on  his  post,  in  which  con- 
dition he  was  found  at  or  about  four  o'clock,  A.  M.,  August  2'2d, 
1868.  Ail  this  at  Sedgwick  Barracks,  Greenville,  La.,  en  or  about 
the  above  given  dates." 


PLEA.  —  To  the  Specification. — "Not  Guilty." 

To  the  Charge, — "  Not  Guilty." 
FINDING. — Of  the  Spenificalion.— "  Not  Guilty. " 

Of  the  Charge.— "Not  Guilty." 
"And  the  Court  does  therefore  acquit  him." 
4.     Private  HENKY  MOLHMAN,  Company  C,  First  lufaiitry. 
CHAEGE. — "Violation of  the  Forty-sixth  Article  of  War." 
Specification. — "  In  this,  that  Private  Henry  Molhmau,  Company  C, 
First  Infantry,  being  a  member  of  the  guard  mounted  at  Sedgwick 
Barracks,  Greenville,  La.,  on  the  evening  of  August  <JIst,  1868,  and 
being  duly  posted  as  a  sentinel,  at  or  about  half-past  two  o'clock,  A. 
M. ,  on  the  following  day,  did  fall  asleep  on  his  post,  in  which  con- 
dition he  was  found,  at  or  about  four  o'clock,   A.    M.,    August  22d, 
1H(J8.     All  this  at  Sedgwick  Barracks,  Greenville,  La.,  on  or  about 
tlie  above  given  dates." 
PLEA. — To  the  Specification.  —  '•  Not  Guilty." 

To  the  CVicm?..— "Not  Guilty." 
FINDING. — Of  the  Specification. — "  Guilty. " 

Of  the  Uh'tnje.  —  "Guilty." 

SENTENCE. — "  To  be  confined  at  hard  labor  for  the  period  of  three 
mouths,  and  to  forfeit  ten  dollars  per  month  of  his  monthly  pay  for 
the  same  period." 


II.     Before  a  General  Court  Martial  which  convened  at  Baton 
Rouge,   La.,  by  virtue   of  Paragraph   3,   Special   Orders   No.    115, 
dated  Headquarters,  Fifth  Military  District,  New  Orleans,  La.,  May 
'JGtb,   1868,    of  which  Brevet  Major  General  George  Sykes,  Colo- 
nel, Twentieth  Infantry,  is  President,  were  arraigned  and  tried. 
1.     Private  ROBEKT  D.  DAVIDSON,  Company  E,  Fourth  Cavalry. 
CHARGE  Isr. — "Violation  ol  the  Fiftieth  Article  of  War." 
Specification.  — "  In  this,  that  Private  Robert  D.    Davidson,    Com- 
pany K,  Fourth  Cavalry,  being  at  the  time  a  member  of  a  guard,  duly 
mounted,  did,    without  authority,  absent  himself  from   the  guard 
tent,  between  the  hours  of  ten  and  eleven  o'clock,  P.  M.      This   at 
camp  of  Company  E,  Fourth  Cavalry,  near  Monroe,  La.,  on  or  about 
the  Twenty-sixth  day  of  July,  18^8,  at  the  hours  above  mentioned." 
CHAKGE  2o. — "Violation  of  the  Thirty-eighth  Article  of  War." 
Specification.— "In  this,  that  Private  Robert  D.   Davidson,   Com- 
pany E,    Fourth   Cavalry,    being  at    the  time   a  member  of   the 
camp  guard,  did,  without  authority,  take  away  from  the  guard  tent 
his  Spencer  carbine,  and  did  dispose  of  or  lose  the  same.     This  at  the 
camp  of  Company  E,  Fourth  Cavalry,  near  Monroe,  La.,  on  or  about 
the  Twenty-sixth  day  of  July,  1868.'' 


3o. — "Conduct   prejudicial   to  good  order  niid  military 
discipline." 

Specification.  —  "In  this,  that  Private  Robert  D.  Davidson,  Com- 
pany E,  Fourth  Cavalry,  being  at  the  time  a  member  of  the  camp 
guard,  did,  without  authority,  absent  himself  from  the  guard  tent, 
and  did  proceed  to  the  stables  of  Company  E,  Fourth  Cavalry,  ami 
did  break  the  lock  on  the  stable  door,  aud  was  discovered  by  Ser- 
geant Knippeuberger  (who  was  at  the  time  Sergeant  of  the  guard) 
moving  about  inside  the  stable  in  a  suspicious  manner,  evidently 
trying  to  steal  a  horse.  This  at  camp  of  Company  E,  Fourth  Cav- 
alry, near  Monroe,  La.,  oil  or  about  the  Twenty-sixth  day  of  July, 
1868." 

PLEA. — To  the  Specification  to  Fiisl  Charge. — "Not  Guilty." 
To  the  First  Charge. — "  Not  Guilty." 
To  ihe  Specification  to  Second  Charge. — "  Not  Guilty." 
To  'he  Second  Charge. — "Not  Guilty." 
To  the.  Specification  to  Third  Ch'irqe.— "Not  Guilty." 
To  the  Th<rd  Chargr.—"Not  Guilty." 
FINDING. — Of  ihe  Specification  to  First  Charge. — "Guilty." 
Of  the  First  Charge.— "Guilty." 
Of  the  Specification  to  Second  Charge. — "Guilty." 
Of  the  Second  Cnarye. — "  Guilty." 

Of  the  Specification  to  Third  Charge — "Guilty,  except  the 
words,   '  and  did  break  the  lock  on  the  stable  door.'" 

Of  Ihe  Third  Charge.—"  Guilty." 

SENTENCE.  —  "To  forfeit  all  pay  and  allowances  that  are  now  or 
may  become  due  him;  to  be  dishonorably  discharged  the  service  of 
the  United  States;  and  to  be  confined  at  hard  labor  at  such  military 
prison  as  the  Commanding  General  may  designate  lor  the  period  of 
two  years." 

2.     Private  MICHAEL  MANGEM,  Company  E,  Fourth  Cavalry. 
CHARGE. — "  Sleeping  on  post." 

Specification. — "In  this,  that  he,  Private  Michael  Maugeiii,  Com- 
pany E,  Fourth  Cavalry,  being  at  the  time  a  member  of  a  guard,  duly 
mounted,  and  posted  as  a  sentinel  over  the  commanding  officer's 
quarters,  did  lie  down  on  his  beat  and  go  to  sleep,  and  did  remain 
asleep  until  awakened  by  Corporal  Guthridge  when  posting  the 
relief.  This  at  Monroe,  La.,  between  the  hours  of  ten,  P.  M.,  and 
twelve,  M.,  midnight,  on  the  Twenty-second  September,  1868." 
PLEA. — To  the  Specification. — "Not  Guilty." 

To  the  Charge.— "Hot  Guilty." 
FINDING.— Of  the  Specification.— "Guilty." 

Of  the  Charge. — "Guilty." 
SENTENCE.— "To  forfeit  to  the  United  States  twelve  dollars  of  hi.s 


monthly  pay  per  mouth  for  six  months;  and  to  be  confined  at  hard 
labor  in  charge  of  the  guard,  with  a  ball  and  chain  on  his  left  leg, 
for  the  same  period." 

3.  Private  Fr.irz  HABER,  Company  G,  Twentieth  Infantry. 
CHARGE  IST. — "Desertion." 

Specification. — "  In  this,  that  he,  Private  Fritz  Haber,  Company 
G,  Twentieth  Infantry,  having  been  duly  enlisted  as  a  soldier  in  the 
service  of  the  United  States,  did  desert  said  service  at  New  Orleans, 
La.,  on  or  about  the  Sixth  day  of  April,  1837,  and  did  remain  absent 
until  apprehended  on  or  about  the  Fourteenth  day  of  August,  1863, 
at  Jackson  Barracks,  New  Orleans,  La.  A  reward  of  Thirty  dollars 
paid  for  his  apprehension. " 

CHARGE  2o. — "  Violation  of  the  Twenty-second  Article  of  War." 
Specification. — "In  this,  that  Le,  Private  Fritz  Haber,  Company  G, 
Twentieth   Infantry,  did,  without  being  regularly  discharged  from 
said  company  and  regiment,  enlist  in  Company  I,  First  In  tun  try,  at 
New  Orleans,  La.,  on  the  Tenth  day  of  December,  1867." 
PI.FA. —  To  the  Specification  to  Firxt  Cliarge. — "Not  Guilty." 
To  the  Fir.it  Charge. — "  Not  Guilty." 
To  the  Specification  to  Second  Charge. — "Guilty." 
To  the  titcond  Charge. — "Guilty.'' 

F.'N,>  .\o. — Of  the  Specificatioftto  First  Chary. — "Guilty." 
Of  the  Zirst  Qiarge.—"  Guilty." 
Of  the  Specification  to  Second  Charge. — "  Guilty." 
Of  the  Second  Charge.— "Guilty." 

SENTENCE. — "  To  forfeit  all  pay  and  allowances  now  due  or  that 
may  become  due  him;  to  be  dishonorably  discharged  and  drummed 
out  of  the  service  of  the  United  States;  to  be  indelibly  marked  on 
the  left  hip  with  the  letter  '  D,'  three  laches  long,  and  to  be  con- 
fined at  hard  labor  at  such  military  prison  us  the  Commanding  Gen- 
eral may  designate  for  the  period  of  tares  years." 

4.  Private  SAMUEL  KCLM,  Company  B,  Twentieth  Infantry. 
CHAEGE. — "Conduct  to  the  prejudice  of  good  order  and  military 

divjipliue. " 

Specification  Find. — "  In  this,  that  he,  Private  Samuel  Kelm,  B 
Company,  Twentieth  Infantry,  was  drunk  and  disorderly  in  the 
camp  of  his  company,  13,  Twentieth  Infantry,  near  Alexandria,  La., 
on  or  about  the  Fourteenth  day  of  September,  1868." 

Specification  Second — "In  this,  that  he,  Private  Samuel  Kelm,  B 
Company,  Twentieth  Infantry,  while  in  a  state  of  iui:ox.' cation,  did 
strike  with  his  fist  Corporal  Henry  C.  Owen,  B  Company,  Twentieth 
Infantry,  on  or  abont  the  Fourteenth  day  of  September,  1868,  at  the 
camp  of  B  Company,  Twentieth  Infantry,  near  Alexandria,  La.,  he, 
the  said  Coi-poiv.l  Henry  C.  Owen,  B  Company,  Twentieth  Infantry, 
being  at  the  time  in  the  execution  of  his  office." 


PLEA. — To  the  First  Specification. — "  Guilty." 

To  the  Second  Specification.—  "Not  Guilty." 
To  the  Cha'ge.— "Guilty." 
'    FINDING. — Of  the  first  Specification.—"  Guilty." 

Of  the  Second  Specification. — "  Guilty,  except  the  word 
'fist,'  substituting  therefor  the  word  'hand.'" 
Of  the  Charge— "Guilty." 

SENTENCE. — "To  forfeit  to  the  United  States  twelve  dollars  of 
his  monthly  pay  per  month  for  three  months;  and  to'carry  a  knap- 
sack  weighing  twenty-five  pounds  from  eight  o'clock,  A.  M.,  to  five 
o'clock,  P.  M. ,  daily,  with  an  interval  of  half  an  hour  for  each  meal, 
for  the  same  period. " 

5.    Private  M)  CHAEL  HcLA  TJGHLIN,  Company  E,  Twentieth  Infantry. 

CHABGE. — "  Sleeping  on  post— in  violation  of  the  Forty-sixth  Ar- 
ticle of  War." 

Specification. — "  In  this,  that  he,  Private  Michael  McLaughlin, 
Company  E,  Twentieth  Infantry,  being  a  member  of  the  guard,  and 
duly  posted  as  a  sentinel,  did  sleep  on  post.  This  at  the  United 
States  Barracks,  at  or  near  Baton  Rouge,  La.,  at  or  about  ten  o'clock, 
A.  M.,  September  15th,  1868." 

PLEA.— To  ihe  Sptcification.— "Not  Guilty." 
To  the  Charge.— "Not  Guilty." 

FINDING. — Of  the  Specification. — "Guilty." 
Of  the  Gliarge.— "Guilty." 

SENTENCE. — "To  forfeit  twelve  dollais  of  his  pay  per  month  for 
six  months;  and  to  be  confined  at  hard  labor  in  charge  of  the  guard, 
with  a  ball  and  chain  on  his  left  leg,  for  the  same  period. " 

G.     Private  JOHN  LEABY,  Company  E,  Fourth  Cavalry. 

CHARGE. — ' '  Desertion. " 

Specification. — "In  this,  that  he,  Private  John  Leary,  Company  E, 
Fourth  Cavalry,  having  been  duly  enlisted  into  the  service  of  the 
United  States,  by  Captain  Mix,  November  21st, ^1865,  did  desert  the 
same  on  or  about  the  Eighteenth  day  of  May,  1866,  at  or  uear  Vic- 
toria, Texas,  and  remain  absent  until  arrested  in  New  Orleans,  La., 
May2d,  1868." 

PLEA. — To  the  Specification.—"  Guilty." 
To  (he  Charge.— "Guilty." 

FINDING. — Of  the  Specification. — "  Guilty." 
Of  ihe  Chirge.— "Guilty." 

SENTENCE. — "  To  have  his  head  shaved  and  be  dishonorably  dis- 
charged and  drummed  out  of  the  service  of  the  United  Stales;  to 
forfeit  all  pay  and  allowances  that  are  now  or  may  become  due 
him ;  to  be  indelibly  marked  on  the  leit  hip  with  the  letter  '  D, ' 
three  inches  long;  and  to  be  confined  at  hard  labor  at  such  military 
prison  as  the  Commanding  General  may  designate  for  three  years. " 


7.  Private  JOHN  O'DONNELL,  Company  H,  Twentieth  Infantry. 
GHAKGE. — "Desertion." 

Specification. — "  In  this,  that  he,  Private  John  O'Donnell,  Company 
H,  Twentieth  Infantry,  a  duly  enlisted  soldier  in  the  service  of  the 
United  States,  did  desert  said  service  at  Shreveport,  La.,  on  or  about 
the  Twenty-ninth  day  of  July,  1868,  and  did  remain  absent  until 
the  First  day  of  August,  1868,  when  he  was  returned  under  guard, 
having  surrendered  himself  to  the  military  authorities  at  Marshall, 
Texas. " 

I'LEA. — Toike  Specification. — '-Not  Guilty." 
To  the  Charge.—  "Not  Guilty." 

FINDING. — Of  ike  Specification. — "  Guilty." 
Of  the  Charge.— "Guilty." 

SENTENCE. — "To  be  dishonorably  discharged  and  drummed  out 
of  the  service  of  the  United  States;  to  forfeit  all  pay  and  al- 
lowances that  are  now  or  may  become  due  him;  to  be  indel- 
ibly marked  on  the  left  hip  with  the  letter  'D,'  three  inches  long; 
and  to  be  confined  at  hard  labor  at  such  military  prison  as  the  Com- 
manding General  may  designate  for  three  years." 

8.  Private  JACOB  UI.SHE,  Company  D,  Twentieth  Infantry. 
CHAUGE.  —  "  Desertion." 

Spec-flea' ion. — "Iiithis,  that  he  Private  Jacob  Ulshe,  Company  D, 
Twentieth  Infantry,  a  duly  enlisted  soldier  in  the  service  of  the 
United  States,  did  desert  his  company  and  post  at  Shreveport,  La., 
on  the  Tenth  day  of  August,  1868,  and  did  remain  absent  until  the 
Fourteenth  day  of  August,  1868,  when  he  was  returned  under  guard 
of  the  city  police,  having  been  apprehended  by  the  city  police,  in  or 
near  Shreveport,  La.  Vouchers  issued  for  payment  of  reward  for 
apprehension." 

PI.E*.  —  To  the  Specification. — "Not  Guilty." 
To  the  Charge.  —  "Not  Guilty." 

FINDING. — Of  the  Specification..  —  •'  Guilty,  except  the  word  '  desert,' 
substituting  therefor  the  word  '  leave." 

Of  the  Chary e. — "Not  Guilty,    but   guilty  of   absence 
without  leave. " 

SENTENCE. — "  To  refund  the  expenses  incurred  by  his  apprehen- 
sion, and  to  forfeit  fifteen  dollars  of  his  monthly  pay  for  one  month." 

9.  Private  GEOKGE  THOMPSON,  Company  D,  Twentieth  Infantry. 
CHARGE. — "  Desertion. " 

Specification. — "In  this,  that  he,  Private  George  Thompson,  Com- 
pany D,  Twentieth  Infantry,  a  duly  enlisted  soldier  in  the  service  of 
the  United  States,  did  desert  his  company  and  post  at  Shreveport, 
La.,  on  the*  Tenth  day  of  August,  1868,  and  did  remain  absent  until 
the  Fourteenth  day  of  August,  1868,  when  he  was  returned  ucder 


guard  of  the  city  police,  having  beeii  apprehended  by  the  city  po- 
lice, in  or  near  Shreveport,  La.  Vouchers  issued  for  payment  of 
reward  for  apprehension." 

PLEA. — Toihe  Specification. — "Not  Guilty." 
To  the  Charge.—"  Not  Guilty." 

FINDING. — Of  the  Specification. — "Guilty,  except  the  word  '  desert,' 
substituting  therefor  the  word  '  leave.'  " 

Of  the  Charge. — "Not  Guilty,   but  guilty   of  absence 
without  leave." 

SENTENCE. — "  To  refund  the  expenses  incurred  by  his  apprehen- 
sion, and  to  forfe.it  fifteen  dollars  of  his  monthly  pay  lor  one  mouth.'' 


III.  The  proceedings  and  findings  in  the  foregoing  cases  are  ap- 
proved. The  sentences  in  the  cases  of — 

Sergeant  John   King,    Company  I,  First  Infantry, 

Private    Joseph  Grant,         "        A, 

-i-     "        Henry  Mohlman,    "        C,  " 

"        Samuel  Kelin,         "        B,  Twentieth  Infantry, 
"        Fritz  Haber,  "        G,  " 

"         Michael  Mangem,     "         E,  Fourth  Cavalry, 
"        John  Leary,  "        E, 

"        Robt.  D.  Davidson,  "         "  "  are  confirmed 

and  will-be  duly  executed.  In  the  cases  of  Privates  Fritz  Haber,  Com- 
pany G,  Twentieth  Infantry,  John  Leary  and  Robert  D.  Davidson, 
Company  E,  Fourth  Cavalry,  Ship  Island,  Miss.,  is  designated  as  the 
place  of  confinement. 

Private  Henry  Stevens,  Company  C,  First  Infantry,  having  been 
acquitted,  will  be  released  and  restored  to  duty. 

Upon  the  recommendation  to  clemency  by  the  Court,  so  much  of 
the  sentence  in  the  case  of  Private  John  O'Douneli,  Company  H, 
Twentieth  Infantry,  as  provides  that  he  be  confined,  is  remitted. 
The  remainder  is  confirmed  and  will  be  duly  executed. 

Upon  a  similar  recommendation  in  the  case  of  Private  Michael 
McLaughlin,  Company  E,  Twentieth  Infantry,  the  sentence  is  miti- 
gated to  a  forfeiture  of  six  dollars  per  month  of  his  pay  for  six 
months.  He  will  be  released  and  restored  to  duty. 

In  the  cases  of  Privates  Jacob  Ulshe,  Company  D,  Twentieth  In- 
fantry, and  George  Thompson,  Company  D,  Twentieth  Infantry,  so 
much  of  the  sentences  as  provides  that  they  refund  the  expenses 
incurred  for  their  apprehension  as  deserters,  is  remitted .  The  re- 
mainder is  confirmed  and  will  be  duly  executed. 

"Where  certain  men,  returned  to  their  regiments  as  deserters, 
were  thereupon  tried  by  court  martial,  acquitted  of  desertion,  and 


9 

found  guilty  o( absence  without  leave  only — held,  that  a  stoppage  against 
their  pay  for  the  amount  of  certain  charges,  incurred  in  apprehend- 
ing them  as  being  deserters,  would  be  without  legal  sanction;  they 
being,  upon  such  acquittal,  liable  to  none  of  the  consequences 
resulting  by  operation  of  law  from  the  commission  or  conviction  of 
the  specific  crime  of  desertion.  That  the  government,  upon  imper- 
fect evidence  of  the  facts,  may  have  allowed  and  paid  these  expenses 
to  the  officer  making  the  arrest,  constitutes  no  reason  for  requiring 
their  payment  of  the  soldier  after  he  has  been  judicially  pronounced 
not  guilty  of  the  charge  upon  which  he  was  apprehended." — (See 
Digest  of  the  opinions  of  the  Judge  Advocate  Central,  page  3*!3,  sec.  4. ) 


IV.     The  General  Court  Martial  instituted  by  Paragraph  3,  Special 
Orders  No.  115,  dated  Headquarters,  Fifth   Military   District,  New 
Orleans,  La.,  May  26th,  18C8,  of  which  Brevet  Major  General  George 
Sykes,  Colonel,  Twentieth  Infantry,  is  President,  is  dissolved. 
BY  COMMAND  OF  BUBVET  MAJOK  GKXEIUI,  L.  II.  ROUSSEAU: 

3.  H.  NEILL, 

jj6r,  Twentieth  Infantfy,  Brevct/Brigadier  General,  TT/Y5.  A., 
Acting  A^sistaiTTftiTjrttaiit  General. 


6.  Lieut.,  Thirty-seventh  Inf.,Bvt.  First  Lieut.,  U.  S.  A., 
Acting  Assistant  Adjutant  General. 


HEADQUARTERS,  DEPARTMENT  OF  LOUISIANA, 

New  Orte<*n*>  L"-,  Oct.  30,  1868. 


1.  Before  u  General  Court  Martial  which  couveiied  at  Ship  Islaiid, 
Miss.  ,  by  virtue  of  Paragraph  3,  Special  Orders  No  .  46,  current  se- 
ries, from  these  Headquarters,  of  which  Brevet  Major  General  Joseph 
A.  Mower,  Colonel,  Thirty-ninth  Infantry,    is    President,    were    ar- 
raigned and  tried: 

1      Private  JOHN  HARLING,  Company  B,  Thirty-ninth  Infantry. 

CHARGE.  —  "  Sleeping  on  post." 

8picif.  cation.—  "In  this,  that  Private  John  Harling,  Company  B, 
Thirty-ninth  Infantry,  having  been  duly  posted  as  a  sentinel,  was 
found  sleeping  on  his  post,  when  visited  by  the  Officer  of  the  Day, 
Brevet  Major  M.  L.  Courtney,  First  Lieutenant,  Thirty-  ninth  Infan- 
try. Tins  at  Ship  Island,  Miss.  ,  on  or  about  the  Twenty-third  day 
of  August,  1868,  between  the  hours  cf  four  and  six  o'clock,  A.  M." 

I'LEA.  —  Tut  lie  Specific,'  ition.  —  "  Not  Guilty." 
To  tlft  Charge.  —  "Not  Guilty." 

FiN.'ixcj.  —  Of  the  Specified  ion.  —  "Guilty.'' 
Of  Ike  Chirge.  —  "Guilty.'' 

SENTENCE.  —  ''  To  be  confined  at  hard  labor  at  the  post  where  his 
c.uiipany  is  serving,  for  the  period  of  two  mouths,  and  to  forfeit  to 
the  United  States,  ten  dollars  per  month  of  his  monthly  pay  for  the 
.same  period.'' 

2.  Private  WESLEY  JACKSON,  Company  H,  Thirty-ninth  Infantry. 
CH.UHJE.  —  "Sleeping  on  post." 

Specification.  —  "In  this,  that  Private  Wesley  Jackson,  Company 
II,  Thirty-ninth  Infautry,  having  been  duly  posted  as  a  sentinel,  was 
found  sleeping  on  his  post,  when  visited  by  the  Officer  of  the  Day, 
Brevet  Major  M  L.  Courtney,  First  Lieutenant,  Thirty-ninth  Infan- 
try. This  at  Ship  Island,  Miss.,  on  or  about  the  Twenty-third  day 
of  August,  1868,  between  the  hours  of  four  and  six  o'clock,  A.  M." 

PLEA.  —  To  the  Specification.  —  "  Not  Guilty.  !: 
To  the  Charge.  —  "Not  Guilty." 

FINDING.—  Of  the  Specification.  —  "Guilty." 
Of  the  Charge.  —  "  Guilty/' 

SENTENCE.  —  "  To  be  confined  at  hard  labor  at  the  post  where  his 
company  may  be  serving  for  the  period  of  two  months,  and  to  for- 
feit to  the  United  States  ten  dollars  per  month  of  his  monthly  pay 
for  the  same  period." 


II.  Before  n  General  Court  Martial  which  convened  at  Jackson 
Barracks,  La.,  by  virtue  of  Paragraph  1,  Special  Orders  No.  33,  cur- 
rent series,  from  these  Headquarters,  of  which  Lieutenant  Colonel 
William  H.  Wood,  First  Infantry,  is  President,  were  arraigned  and 
tried: 

1.  Sergeant  GEORGE  W.  WHITE,  Company  K,  First  Infantry. 
CHARGE. — "  Neglect  of  duty,  to  the  prejudice  of  good  order  and 

military  discipline." 

Specification. — "In  this,  that  Sergeant  George  W.  White,  Company 
K,  First  Infantry,  having  been  duly  detailed  as  such,  and  at  the 
time  being  Sergeant  of  the  guard  mounted  at  Sedgwick  Barracks, 
Greenville,  La.,  did  allow  Privates  Noiris,  of  the  Second  Infantry, 
and  Bodell,  of  the  Fifteenth  Infantry — general  prisoners — to  escap»- 
from  the  guard  house  at  Sedgwick  Barracks.  This  at  Sedgwick 
Barracks,  Greenville,  La.,  on  or  about  the  Twenty-sixth  day  of 
August,  18C8." 

PLEA. — To  the  Specification. — "Not  Guilty." 
To  the  Charge. — "  Not  Guilty." 

FINDING. — Of  the  Specification. — "Not  Guilty. " 

Of  the  Ch'inje.— "Not  Guilty,  and  the  Court  does  there- 
fore acquit  him." 

2.  Private  RODY  Cox,  Company  C,  First  Infantry. 

CHANGE  — "  Neglect  of  duty,  to  the  prejudice  of  good  order  and 
militiry  discipline " 

Sp'C'fi-fition. — "In  this,  that  Private  Rody  Cox,  Company  C, 
First  Infantry,  hiving  been  duly  detailed  and  mounted  as  a  memlR'i 
of  the  guard,  on  the  evening  of  the  Twenty -sixth  of  August,  IStlS, 
and  while  on  post  as  a  sentinel  of  such  guard  at  post  No.  1.  did 
allow  Privates  Norris,  of  the  Second  Infantry,  and  Bodell.  of  the 
Fifteenth  Infantry — general  prisoners — to  escape  from  the  guard 
house  under  his  charge.  This  at  Sedgwick  Barracks,  Greenville, 
La.,  on  the  Twenty-sixth  of  August,  1868." 

PLEA.. — To  the  Specification. — "  Not  Guilty." 
To  the  Charge. — "Not  Guilty." 

FINDING. — OftheSpecific'ititn. — "  Not  Guilty." 

Oj  the  Chargr. — "  Not  Guilty,  and  the  Court  does  there- 
fore acquit  him." 

3.  Private  CARL  GERLACH,  Company  G,  First  Infantry. 
CHARGE.—  "  Violation  of  the  Forty-sixth  Article  of  War." 
Specification.  —  "In   this,    that   Private    Carl    Gerlach,    Company 

G,  First  Infantry,  having  been  regularly  detailed  for  guard,  and 
posted  as  a  sentinel  on  post  No.  5,  in  charge  of  a  general  prisoner 
under  sentence,  and  sick  in  the  post  hospital,  was  found  by  the 
Officer  of  the  Day,  between  the  hours  of  12:30  and  1:30,  A.  M.,  on 


3 

the  Eleventh  of  October,  18(58,  asleep  on   his  post.     This  at  Seclg- 
wick  Barracks,  Greenville,  La.,  on  or  about  the  elate  above  stated." 
PLEA.  —  To  ike  Specification.  —  "Guilty." 

Toih:  Cha-g?.—  "Guilty." 
FINDING. — Of  the  Specification. — "Guilty." 

Of  the  Charge.  —  "Guilty." 

SENTENCE.  —  "To  be  confined  ut  h;ird  labor  in  charge  of  the  guard 
for  the  period  of  three  months,  and  to  forfeit  ten  dollars  of  his 
month  y  pay  per  mouth  for  the  sains  period." 

4.  Private  JOHN  KISE,  Company  G,  Sixth  Cavalry. 
CHARGE  IST. — "Absence  without  leave." 

Sp  cificat  ion  First. — "  In  this,  that  Private  John  Kise,  Company  G, 
Sixth  Cavalry,  did,  without  proper  authority,  absent  himself  from 
the  quarters  ol  his  company  on  the  Twenty  first  day  of  September, 
1808,  and  did  remain  absent  till  the  Twenty-second  day  of  Septem- 
ber, 18(58,  when  he  returned.  This  at  New  Orleans,  La/' 

Spvcificillon  Second. — "In  r,his,  that  Private  John  Kise,  Company 
G,  Sixth  Cavalry,  did,  without  proper  authority,  absent  himself  from 
the  quarters  of  his  company  on  the  First  day  of  October,  1808,  and 
remained  absent  until  the  Third  day  oi  October,  18G8,  when  he  was 
arrested  by  a  non-cominissioiied  officer  detailed  for  the  purpose. 
Tliis  at  New  Orleans,  La.'1 

CHARGE  2i>. — "Conduct  to  the  prejudice  of  good  order  and  military 
discipline.'' 

SpedjvMtlfm. — "In   this,  that    Private  John   Kise,    Company  G, 
Sixth  Cavalry,  while   under   charge  of  a  guard   awaiting  trial,  did 
escape  and  absent  himself  from  said  guard  ou  the  Fifth  day  of  Oc- 
tober, 18G8,  and  did  remain  absent  till  the  Eighth  day  of  October, 
IStiS,  when  he  was   arrested  by  First  Lieutenant  Henry  B.  Melleu, 
Sixth  Cavalry,  and  brought  into  camp.     This  at  New  Orleans,  La." 
FLEA.  —  To  ike  First  SpscMaition  to  First   Chary?. — "Guilty." 
To  the  Second  Specifi  :al ion  10  First  Churt/e. — "Guilty." 
T<>  she  First  Clvirge. — '-Guilty." 
To  the  Specification  to  Second  Charge. — ''Guilty." 
To  the  /S;  ond  Charge. — "  Guilty." 

FINDING.— Of  the  Fint  Sp^cficnli  -n  to  First  Charge. — "Guilty." 
Of  i he  Second  Specification  to  First  Charge. — "Guilty." 
Of  the  First  Cka>fjf.—"  Guilty." 
Of  the  Specific'ition  to  Second  Cliarye. — "Guilty." 
Of  the  Second  Gltarije. — "Guilty. " 

SENTENCE.— "  To  forfeit  ten  dollars  of  his  monthly  pay  per  month 
for  the  period  of  three  months,  and  to  be  confined  at  hard  labor  in 
charge  of  the  guard  for  the  same  period. " 

5.  Private  SAMUEL  NOKUIS,  Light  Battery  K,  First  Artillery. 


CHARGE — "  Neglect  of  duty,  to  the  prejudice  of  good  order  and 
military  discipline." 

Specification.  — "  In  this,  that  Private  Samuel  Norris,  Light  Bat- 
tery K,  First  Artillery,  having  been  placed  upon  extra  duty  as  an 
Assistant  Engineer  in  the  Quartermaster's  Department,  at  Seilgwick 
Barracks,  Greenville,  La.,  and  having  been  ordered  by  Fiist  Lieu- 
tenant George  Asbury,  First  Artillery,  Acting  Assistant  Quarter- 
master, post  of  New  Orleans,  La.,  to  occupy  at  night  the  engineer's 
office,  (a  frame  building  contiguous  to  the  government  dock  and  the 
government  steam  engine  house,  at  Greenville,  La.,)  and  to  act  as  a 
watchman  there  at  night  over  all  public  property  for  which  he,  the 
said  First  Lieutenant  George  Asbury,  First  Artillery,  was  responsi- 
ble as  Post  Quartermaster,  in  that  immediate  vicinity,  in  shape  of 
the  steam  engine,  the  government  dock  and  the  fixtures  thereto 
belonging,  did  neglect  the  said  duty,  and  did  allow  a  certain  quantity 
of  the  copper  supply  pipe — sixty  feet,  more  or  less — attached  to  the* 
government  dock,  and  valued  at  live  hundred  dollars — more  or  less 
to  be  stolen  therefrom.  This  at  or  near  Sedgwick  Barracks,  Givim- 
ville,  La.,  on  or  about  the  Seventeenth  and  Eighteenth  of  July,  18CX, 
between  the  hours  of  retreat  and  reveille ." 

PI-EA.  —  To  tue  Specification. — "Nut  Guilty." 
TV  tite  Charge.  —  "Not  Guilty.'" 

FINDING. — Of  the  Specification. — "Not  Guilty." 

Of  the  Charye. — ' '  Not  Guilty,  and  the  Court  does  there- 
lore   acquit  him. '' 

6.     Private  THE  >DORE  VA.V  CfcASBOBU,  Company  A,  First  Infantry. 

CHARGE.—  "Conduct  to  the  prejudice  of  good  order  and  military 
discipline. " 

Specification  First. — ''In  this,  thnt  Private  Theodore  Van  Clas- 
burg,  Company  A,  First  Infantry,  in  conjunction  with  Private  Peter 
Hesse,  Light  Battery  K,  First  Artillery,  did  feloniously  enter  the 
United  States  Bakery  of  the  post  of  New  Orleans,  La.,  and  did  steal, 
take  and  carry  away  therefrom  one  barrel  of  Hour,  the  property  of 
the  United  States,  for  which  he,  Private  Theodore  Van  Clasburg, 
Company  A,  First  Infantry,  in  conjunction  with  Private  Peter  Hesse, 
Light  Battery  K,  First  Artillery,  did  receive  a  certain  amount  of 
money,  which  he  appropriated  to  his  or  their  own  use.  This  at 
New  Orleans,  La.,  on  or  about  the.  Twenty-sixth  dny  of  June,  1868." 

Specification  Second. — "  In  this,  that  Private  Theodore  Van  Clas- 
burg,  Company  A,  First  Infantry,  in  conjunction  with  Private  Peter 
Hesse,  Light  Battery  K,  First  Artillery,  did  feloniously  enter  the 
United  States  Bakery  of  the  post  of  New  Orleans,  La.,  and  steal, 
take  and  carry  away  therefrom  one  barrel  of  flour,  the  property  of 
the  United  States,  for  which  he,  Private  Theodore  Van  Clasburg, 


Company  A,  First  Infantry,  in  conjunction  with  Private  Peter  Hesse, 
Light  Battery  K,  First  Artillery,  did  receive  a  certain  amount  of 
money  which  he  wrongfully  appropriated  to  his  or  their  own  use. 
This  at  New  Orleans,  La.,  on  or  about  the  First  day  of  May,  1868." 

Specification  2  hird. — "In  this,  that  Private  Theodore  Van  Clas- 
burg, Company  A,  First  Infantry,  while  on  duty  at  the  United 
.States  Bakery  of  the  post  of  Xew  Orleans,  Lu.,  did  feloniously  steal, 
take  and  cause  to  be  carried  away  two  wagon  loads  of  wood,  the 
property  of  the  United  States,  which  he  wrongfully  appropriated  to 
his  own  use.  This  at  New  Orleans,  La.,  on  or  about  the  Twenty- 
eighth  day  of  May,  1868." 

Specified! to i  F.iurlk.  —  "In  this,  that  Private  Theodore  Van  Clas- 
burg.  Company  A,  First  Infantry,  while  in  charge  of  the  Post  Ba- 
kery at  New  Orleans,  I. a.,  did  without  proper  authority,  sell  to  one 
Mr.  Wiutship,  two  wagon  loads  of  wood,  he  Private  Theodore  Van 
Clasburg,  knowing  the  same  to  U^the  property  of  the  United  States, 
and  did  deceive  in  payment  therefor,  a  sum  of  money,  which  he 
Private  Theodore  Van  Clasburg,  Company  A,  First  Infantry,  appro- 
printed  to  his  own  use.  'Ibis  at  New  Orleans,  La.,  on  or  about  the 
Twt-nt;. -fifth  day  of  May,  1808." 

Sp&iijiettiio-t  Fif-h. — ''In  this,  that  Private  Theodore  Van  Clas- 
burg, Company  A,  First  Infantry,  while  in  charge  of  the  Post  Ba- 
kery of  New  Orleans,  La.,  did,  in  conjunction  with  Private  Peter 
Hesse,  Liglit  Battery  K,  First  Artillery,  and  without  proper  author- 
ity, sell  to  one  Henry  Wentzel,  one  barrel  of  flour,  he,  Private 
Tlu'odor<3  Van  Clasburg,  knowing  the  same  to  be  the  property  of 
the  United  States,  and  did  receive  in  payment  therefor  a  sum  of 
money,  which  he,  Private  Theo'.l.jre  Van  Olasburg,  (Company  A, 
First  Infantry,  in  conjunction  with  Private  Peter  Hesse,  Light  Bat- 
tery K,  First  Artillery,  did  appropriate  to  his  or  their  own  use.  This 
at  New  Orleans,  La.,  on  or  about  the  Twenty-sixth  day  of  June, 
1868.'' 

Specified/ ion  Wxih.  —  "In  this,  that  Private  Theodore  Van  Clas- 
burg, Company  A,  First  Infantry,  while  in  charge  of  the  Post  Ba- 
kery of  New  Orleans,  La.,  did  in  conjunction  with  Private  Peter 
Hesse.  Light  Battery  K,  First  Artillery,  sell  to  one  Weudelin  Heider, 
one.barrel  of  flour,  he,  Private  Theodore  Van  Clasburg,  knowing 
the  same  to  be  the  property  of  the  United  States,  and  did  receive 
in  payment  therefor  a  sum  of  money,  which  he,  Private  Theodore 
Van  Clasburg,  in  conjunction  with  Private  Peter  Hesse,  Light  Bat- 
tery K,  First  Artillery,  appropriated  to  his  or  their  own  use.  This 
at  New  Orleans,  La.,  on  or  about  the  First  day  of  May,  1868." 
.  —  To  the  First  Specification.  —  "  Not  Guilty."  » 
To  tlie  Second  Specification. — "  Not  Guilty." 


To  the  Third  Specification. — "  Not  Guilty.'' 
To  the.  Fourth  Specification. — "Not  Guilty." 
To  the  Fifth  Specification. — "  Not  Guilty." 
To  the  Sixth  Specification. — "  Not  Guilty.'' 
To  Hi".  Char<je.—"Not  Guilty." 
FtNDiNG. — Of  the  First  "Specification. — "  Not  Guilty." 

Of  the  Second  Specificatio". — "Not  Guilty." 
Of  the  Third  Spccificaiio'<.— "Not  Guilty." 
Of  the  Fourth  Specification. — "Not  Guilty." 
Of  the  Fifth  Specification. — "  Not  Guilty." 
Of  the  Sixth  Specification. — "Not  Guilty." 
Of  the  Lharye. — "Not  Guilty,  mid  the  Court  does  there- 
fore acquit  him." 


III.     The  proceedings,  findings  and  sentences  in  the  cases  of- 

Privates  John  Hailing,  Company  15,  and  Wesley  Jackson,  Company 
H,  Thirty-ninth  Infiintry,  are  approved.  In  accordance  with  the 
recommendation  of  the  Court,  based  upon  the  fact  that  the  pris- 
oners have  already  been  confined  for  two  months,  awaiting  trial,  so 
much  of  the  sentences  as  provides  that  they  be  confined  is  remitted. 
The  remainder  is  confirmed  and  will  be  duly  execute, I.  They  will 
be  released  and  restored  to  duty. 

The  proceedings,  findings  and  acquittals  in  the  cases  of — 

Sergeant  George  W.  White,  Company  K,  First  lutantry, 

Private  llody  Cox,  Company  C,  First  Infantry, 

"        Theodore  Van  Clasbarg,  Coiupuiy  A,  First  Infantry, 
"         Samuel  Norris,  Light  Battery  K,  First    Artillery,   are  ap- 
proved.    They  will  be  released  and  restored  to  dutj. 

The  proceedings  and  findings  in  th-5  case  of — 

Private  John  Kise,  Company  G,  Sixth  Cavalry,  ar.^  approved.  The 
sentence  is  confirmed  and  will  be  duly  executed. 

The  proceedings,  findings  and  sentence  in  the  case  of  Private 
Carl-  Gerlach,  Company  G,  First  Infantry,  are  approved,  but  in 
accordance  with  a  recommendation  to  clemency  by  the  Court,  based 
upon  "  tha  mitigating  circumstances  of  the  case  and  his  previous 
good  character,"  so  much  of  the  sentence  as  provides  that  he  be 
confined  is  remitted.  The  remainder  is  confirmed  and  will  be  duly 
executed.  He  will  be  released  and  restored  to  duty. 
BY  COMMAND  OF  BKEVET  MAJOK  GENERAL  L.  H.  ROUSSEAU  : 

)S.  H.  NEILI,, 


HEADQUARTERS,  DEPARTMENT  OP  LOUISIANA, 

GENE™L  ORDERS  j  N<™  Orleans,  La.,  Nov.  5,  1868. 

Upon  the  recommendation  of  Brevet  Major  General  R.  C.  Bu- 
chanan, U.  S.  Army,  and  upon  the  receipt  of  a  communication  from 
the  Secretary  of  War  enclosing  opinion  from  the  Judge  Advocate  Gen- 
eral, General  Orders  No.  7,  current  series,  from  these  Headquarters,  is 
revoked,  except  that  portion  which  requires  that  the  order  appoint- 
ing a  Regimental  or  Garrison  Court  Martial,  shall  state  that  it  was 
impracticable  to  convene  a  Field  Officer's  Court;  and  the  sentences 
in  the  cases  of  Privates  Daniel  Gorman,  Company  G,  James  Farley, 
Company  K,  and  Frederick  Browning,  Company  K,  all  of  the  First 
Infantry,  are  remitted. 

Under  instructions  from  the  Secretary  of  War,  hereafter,  only  the 
oath  as  member  will  be  administered  to  the  Recorder  of  a  Regi- 
mental or  Garrison  Court  Martial. 

BY  COMMAND  OF  BUKVET  MAJOR  GENERAL  L.  H. 


or,  Twentieth  Infantry,  Brevet  Brigadier  General,  U.  S.  A.,  f 
Acting  As-ist;u\t  AJjut^nt'ljeneral. 


/Sec.  Lieut.,  Thirty-seventh  Inf.,  Bvt.  First  Lieut.,  U.  S.  A., 
Acting  Assistant  Adjutant  General. 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 

Los  Angeles 
This  book  is  DUE  on  the  last  date  stamped  below. 


NOV  7     1960 


NOV  7 


orm  L9-42wi-8,'49(B5573)444 


UC  SOUTHERN  REGIONAL  LIBRARY  FACILITY 


001  155671     9 


B 

470.7 
U58g 
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